Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
October 20,
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, Code Enforcement Officer Woodbury, Legislator Spicer.
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 Taylor to accept the minutes of
the October 6, 2003 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing regarding a request for a temporary easement from Eagle
Forest Products, Inc. Mr. Tyler
stated that the Town of Ellicott owns the property, which is located on
Merlin Ave. He explained that the
company has requested the easement in order to facilitate the removal of
trees from property located behind the Jamestown Colony Motel. The following public comments were heard:
Shawn Maley, 45 Gifford Ave. WE asked
for clarification re the easement. In
his opinion, the easement should not be granted. Supervisor Tyler explained that the Ellicott Town Council does
not intend to grant the temporary easement.
Karl Joslin, 65 Merlin Ave. WE stated
that he is opposed to the easement.
Kimberly Lombard, 58 Merlin Ave. WE asked
the Town Council to deny the easement request.
Arthur Kennedy, 102 Merlin Ave., Celoron,
expressed his opposition to the proposed easement request.
Robert Henshaw, 46 Houston Ave. WE asked
if Eagle Forest Products could utilize another existing easement off
Houston Court if the Merlin Ave. request is denied. Supervisor Tyler replied that the company has made no such
request at the present time.
Supervisor Tyler closed the Public Hearing at 7:10 PM.
Request for Temporary
Easement on Merlin Ave.
Motion by Supervisor Tyler, seconded by Councilman Geisler to deny a request from Eagle Forest Products, Inc. for a temporary easement on property located on Merlin Ave. in West Ellicott.
Supervisor Tyler opened a Public
Hearing re the Environmental Assessment for Introductory Town of Ellicott
Local Law #3-2003 concerning the proposed rezoning of a section of the
Falconer-Kimball Stand Road (Rte. 380).
No public comments were heard.
Supervisor Tyler closed the
Public hearing at 7:12 PM.
Supervisor Tyler opened a Public
Hearing re the Environmental Assessment for Introductory Town of Ellicott
Local Law #4-2003 regarding the proposed rezoning of a section of North
Main Street Ext. (Rte. 60). No public
comments were heard.
Supervisor Tyler closed the
Public hearing at 7:13 PM.
Ms. Maribel Colby, 70 Elmwood Ave. WE expressed
her concern re the absence of a dog leash law in the Town of Ellicott. In her opinion, West Ellicott should have a
leash law.
Mrs. Lisa Ross, Celoron, also feels that
the Town of Ellicott should adopt a leash law.
Mr. Robert Henshaw, 46 Houston Ave. WE
addressed the Council re the status of vacant property behind the Jamestown Colony Motel on Fairmount Ave. He expressed his concerns re the owner’s
intentions for the property. He feels
that the residents who live near the property are not being kept informed about
the owner’s intentions. Mr. Henshaw
asked for the Council’s assurance that the property will not be developed
without full compliance with the Town’s planning and zoning laws. He also asked that Town officials keep the neighbors informed re the status of
the property.
Supervisor Tyler stated that he recently met
with the owner of the property located behind the motel. According to Mr. Tyler, the owner currently
has no plans to develop the property.
Councilman Geisler stated that, in his
opinion, the Town Supervisor should have informed the residents about his
meeting with the property owner.
Ellicott Code Enforcement
Officer Randy Woodbury addressed Mr. Henshaw’s concerns.
He explained that the property couldn’t be developed without the
approval of the Ellicott Planning Board.
Mr. Woodbury explained that any proposal to develop the property would
be subject to a stringent site plan review procedure. He assured the neighboring residents that, to date, the Town
has not received an application from the property owner to appear before the
Planning Board. Mr. Woodbury stated
that the owner, Mr. Patel, has expressed some interest in erecting a fence
around the perimeter of the vacant property.
However, Mr. Woodbury explained that a fence cannot be erected in the
Town of Ellicott without a building permit and, furthermore, might even be
subject to site plan review by the Ellicott Planning Board. Mr. Woodbury also pointed out that if the
Planning Board does receive an application, the surrounding neighbors
would be notified by mail re the date and time that the Planning Board would
review the application.
Mr. Tyler stated that Mr. Patel is
thinking about erecting a fence because he is concerned about possible
liability should someone get injured on his property.
Mr. Allen Bartoldson, 68 Houston Ave. WE stated
that he and two other residents have a legal easement on Mr. Patel’s
property. According to Mr. Bartoldson,
a fence cannot be placed anywhere on that easement. He also invited Mr. Tyler to attend a meeting of a neighborhood
group that meets regularly to discuss the status of the Patel property. He stated that the next meeting would be
held on Wed. October 22, 2003.
Ms. Colby asked Highway
Superintendent Shellhouse if he has contacted National Fuel Gas about a
fuel line problem on her street. Mr.
Shellhouse stated that he has not yet contacted the company.
Mr. Todd Pullan, 75 Houston Ave. WE thanked
Code Enforcement Officer Woodbury & Councilman Geisler for their honesty
concerning the status of Patel property behind the Jamestown Colony Motel.
Mrs. Wendy Lindquist, 3367 Strunk Rd. asked
about the status of the reconstruction of Strunk Rd. between Moon Rd. & W.
Oak Hill Rd. Highway Superintendent
Shellhouse explained that the Ellicott Highway Dept. is behind schedule on the
reconstruction because of problems in other areas of the Town. However, he assured Mrs. Lindquist that the
reconstruction project is proceeding as quickly as possible.
Shawn Maley, 45 Gifford Ave. WE asked
Mr. Shellhouse to look into a drainage problem in front of his home.
Mrs. Jean Lloyd, 4 Houston Ct., stated that
it is her understanding that a section of the Patel property behind the Jamestown
Colony Motel is a fire easement.
She expressed her concern that the fire department would not have
adequate access to Houston Ct. & Rowley Ct. should the Patel property be
developed.
Mr. Henshaw stated that the neighbors
surrounding the property behind the Colony Motel appreciate the recent
“stop work order” issued by the Town of Ellicott to Mr. Patel.
Mrs. Joanne Hoglund, 106 Houston Ave., Celoron
asked Code Enforcement Officer Woodbury several questions concerning the
Planning Board process.
Mrs. Luann Backus, 51 Houston Ave. WE
expressed her opposition to any commercial development behind the Jamestown
Colony Motel.
Mr. Alan Lindquist, 3367 Strunk Rd. asked
Highway Superintendent Shellhouse when the reconstruction of a section of
Strunk Rd. would be completed. Mr.
Shellhouse replied that he is unsure of a completion date.
Ms. Deborah Swauger, 52 Houston Ave. WE asked
what recourse residents would have should the Ellicott Planning Board allow a
fence to be erected around the perimeter of the Patel property. Code Enforcement Officer Woodbury addressed
the question.
Mr. Lindquist asked Highway Superintendent Shellhouse whether guardrails would be installed on the area of Strunk Rd. currently being reconstructed. Mr. Shellhouse stated that he is considering installing guardrails but cannot proceed until the ground is drier.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from Stanley & Nedra Anderson, Celoron, congratulating the Ellicott
Town Council on the recent opening of a new travel plaza on Rte. 60.
2.
Notice
of an upcoming Public Hearing to be held by the Village of Falconer
Zoning Board of Appeals.
3.
Letter
from Michael C. Anderson, Business Manager, Jamestown Board of Public
Utilities re setting up a “satellite collection center” in Celoron or West
Ellicott.
4.
Notice
of upcoming Planning & Zoning Conference at Chautauqua Institution.
5.
Notice
of upcoming teleconference re finding funds for public water & sewer
projects.
6.
Newsletter:
Community Assistance Program.
Councilman Miller expressed his concern that
the Chautauqua County Board of Elections has not notified Ellicott
voters whose polling place has been changed due to the recent election
redistricting in the Town of Ellicott.
(Minutes 7/7/03) The Council
discussed the situation. The Town Clerk
was directed to contact the BOE officials to determine whether they intend on
notifying Ellicott voters.
Councilman Lodestro commented on gasoline
pricing procedures in Chautauqua Co. He
asked Legislator Spicer & the Chaut. Co. Legislature to look into the
matter.
Permit for Herbicide
Application (Burtis Bay) – Chautauqua Lake Partnership Chairwoman
Karen Rine gave a status report on efforts by the CLP to procure funding to
upgrade an Environmental Impact Statement (EIS) re Chautauqua Lake. She explained that the upgrade is necessary
before the Town of Ellicott can re-apply for an aquatic herbicide permit
in 2004. (Minutes 2/3/03 et. seq.) She reminded the Town Council that the
herbicide would be applied in Burtis Bay to eradicate Eurasian
Milfoil. She asked the Council for its
support.
Declaration
of Lead Agency (Herbicide Application in Burtis Bay)
Motion by Supervisor Tyler, seconded by Councilman Geisler establishing the Town of Ellicott as Lead Agency in accordance with Article 8 of the New York State Environmental Quality Review Act (SEQRA) in regards to an application for an aquatic herbicide permit from the New York State Department of Environmental Conservation for the eradication of Eurasian Milfoil in the Burtis Bay area of Chautauqua Lake. (see ‘Burtis Bay Milfoil’ file for detail)
Adopted. Ayes – 5 Noes - 0 Absent – 0
Contract with Ellicott
Police Chief – Tabled pending
further discussions w/ the Ellicott Police Chief.
Water Service On Royal Oaks – Highway Superintendent
Shellhouse reported that the design phase of the project is nearly
complete.
Water Service on Orchard Rd.
–
Highway Superintendent Shellhouse reported that the installation of the water
line on Orchard Rd. is proceeding on schedule.
He also reported that the bids for the bores (Minutes 9/15/03)
all came in higher than the budgeted amount.
However, he explained that instead of boring under the road, Chaut. Co.
DPW officials have agreed to permit road cuts. Mr. Shellhouse reported that the road cuts would reduce
the overall cost of the project by approximately $10,000.00.
Motion by Supervisor Tyler, seconded by Councilman Taylor declaring that
proposed Town of Ellicott Local Law #3-2003 regarding the proposed rezoning of
a section of the Falconer-Kimball Stand Road (Rte. 380) will have no significant impact on the
environment.
(Councilman Geisler Voted
No)
Motion by Supervisor Tyler, seconded by Councilman Taylor declaring that
proposed Town of Ellicott Local Law #4-2003 regarding the proposed rezoning of
a section of North Main Street Ext. (Rte. 60) will have no significant impact on the environment.
(Councilman Geisler Voted
No)
Tentative Budget (2004) – The Town Council will meet
with various department heads on Tuesday, Oct. 21, 2003 at 5:00 PM to begin
reviewing the 2004 Town of Ellicott tentative budget.
Motion by Supervisor Tyler, seconded by Councilman Taylor to schedule a Public Hearing for November 3, 2003 at 7:00 PM regarding the proposed Town of Ellicott Preliminary Budget for fiscal year 2004.
Adopted.
Ayes - 5 Noes - 0 Absent - 0
NEW BUSINESS
Accept Bids (Orchard Rd.
Bores) –
Highway Superintendent Shellhouse reported that all bids were rejected. (see ‘Orchard Rd. Water’)
Fill Sgt. Vacancy in
Ellicott Police Dept. – Ellicott Police Chief Ohnmeiss requested that the Town Council promote
Patrolman David S. Arnone to the rank of police sergeant. The Council discussed the matter. Tabled pending review of the Town of
Ellicott Tentative Budget for fiscal year 2004.
RESOLUTION #130-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2003 current claims #1147-1205,
inclusive, in the amount of $48,983.80 and charge to the proper fund or
account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 9:00 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
________________________________
Michael C. Erlandson, Town Clerk