Minutes of a Regular and Organizational
Meeting of the Town Council of the Town of Ellicott
held at the
Administration Building,
January 15,
2007 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Town Assessor Marsha Painter, Attorney Wright.
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 Heintzelman, seconded by Councilman Miller to accept the minutes
of the December 18, 2006 and January 4, 2007 meetings as presented by the Town
Clerk.
A number of West Ellicott
residents were in attendance re a proposed request to rezone a section of
Fairmount Ave. adjacent to the existing Fairmount Plaza. (Minutes 10/2/06 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 reported
that the developers recently indicated that they were planning on submitting a
revised rezoning request before tonight’s meeting. He noted that, to date, the Town Council has not received the
request. Consequently, he stated that
the Council would be taking no action on the rezoning request at tonight’s
meeting. The following residents
commented on the matter:
Earl Inwood, 120 Avalon Blvd. asked the
Council when the matter is going to be resolved.
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.
Gary Nelson stated that he owns one of
the existing businesses in the Fairmount Plaza. He explained that should the new retail
center be constructed, the business owners would be required to negotiate new
leases with the owners of the new retail center. As a result, there would be no guarantee that the businesses will
remain in their existing locations.
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 Council to deny
the request. She also asked that the
developers not be allowed to submit any further ‘revised’ rezoning requests for
the Fairmount Plaza site. In her
opinion, the proposed project should be constructed in an area of the Town
already zoned for commercial developments.
Mrs. Webster also urged the Council to place a moratorium on any new
rezoning requests until a full comprehensive zoning plan has been completed.
Terry Truver, 55 Avalon Blvd. asked the
Council not to accept any more rezoning requests from the developer.
Town Clerk Erlandson read the following
items into the record:
1.
Letter
from the Chautauqua County Humane Society stating that, effective Jan.
1, 2007, the Town of Ellicott will no longer be financially responsible for the
housing of stray cats.
2.
Notification
from the New York State Office of Real Property Services that the Town
of Ellicott would be receiving $33,475.00 in state aid for conducting a
successful reassessment in 2006.
3.
Invitation
to the annual meeting of the Chautauqua Co. Chamber of Commerce.
4.
Newsletter:
Chautauqua Co. Chamber of Commerce
5.
Newsletter:
Chautauqua Co. Fire Service.
TOWN OFFICERS’ REPORTS
Councilman
Heintzelman reported that he & Councilman
Geisler are continuing to negotiate with Town of Ellicott CSEA employees re a
new labor agreement.
Mr. Heintzelman also reported that the Ellicott Zoning Commission
would be meeting on Jan. 18, 2007.
Councilman Pickett reported that he recently met with the Falconer Fire
Advisory Board.
Town Clerk Erlandson reported that 2007 property tax collection operations are underway. He added that he would be collecting property taxes at the Celoron Village Hall on Saturday, Jan. 27, 2007 from 10:00 AM – 2:00 PM.
Mr. Erlandson also reported that Ellicott Assessor Marsha Painter has scheduled meetings with several veterans associations in the Town to outline the various property tax exemptions available to veterans.
Supervisor Tyler welcomed Attorney William Wright to his new position as Town of Ellicott Attorney.
Mr. Tyler reported that he recently with met with officials of the Celoron Hose Company re the renewal of a fire protection contract with the Town of Ellicott.
RESOLUTION #5-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the Jamestown Post-Journal as the official newspaper of the Town of
Ellicott.
RESOLUTION #6-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the first and third Mondays
of each month at 7:00 P.M. as the Regular Meeting times of the Ellicott
Town Council.
RESOLUTION #7-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Patrick A. Tyler as Budget
Officer for the Town of Ellicott for 2007 at a salary of $1,650.00.
RESOLUTION #8-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salaries of the Town of Ellicott elected officials for 2007 as follows:
Supervisor $10,000.00
Town
Clerk $36,628.00
Councilmen 4 @ $ 3,500.00 each
Highway
Superintendent
$54,046.00
Justice
Gerace $11,180.00
Justice
Ognibene $ 7,936.00
RESOLUTION #9-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating M & T Bank as depository for Town Clerk funds for 2007.
RESOLUTION #10-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating M & T Bank as depository for Receiver of Taxes funds for 2007.
RESOLUTION #11-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the following depositories for the Town Supervisor’s funds for 2007:
General Fund: M & T Bank
Highway Fund: M & T Bank
Trust & Agency Funds: M & T Bank
Capital Funds: M & T Bank
RESOLUTION #12-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
to adopt the Town of Ellicott Investment
Policy.
RESOLUTION #13-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing the Town Supervisor to invest monies in time accounts, open accounts, CDs, and money-market accounts at M
& T Bank, HSBC Bank, Key Bank, Community Bank and any other new banks.
RESOLUTION #14-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for the Town of Ellicott Building Inspector/Code Enforcement Officer at $47,135.00 for 2007.
RESOLUTION #15-07 - Motion by Supervisor Tyler, seconded by Councilman Miller setting
the salary for the Town of Ellicott Assessor
at $42,024.00 for 2007.
RESOLUTION #16-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Larry Belin as Town of
Ellicott Dog Control Officer for
2007 at an annual salary of $3,500.00 plus $60.00 per month for mileage.
RESOLUTION #17-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing the Town of Ellicott Justices to employ a court stenographer when
required at $75.00 per appearance.
RESOLUTION #18-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
establishing the current IRS mileage
allowance rate to be paid to Town of Ellicott employees using their
personal vehicles for approved Town
of Ellicott purposes.
RESOLUTION #19-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing all Town of Ellicott elected officials, Planning and Zoning Board
members, Code Enforcement Officer, Town Attorney and Town Assessor to attend
the New York State Association of
Towns meeting in February
2007 in New York City if approved by the Town Council, provided monies are available in the budget for that purpose or at
their own expense.
RESOLUTION #20-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing no delegates or alternates to the NYS Association of Towns
business meeting to be held in February 2007.
RESOLUTION #21-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for Town of Ellicott Receiver
of Taxes Michael C. Erlandson at $6,300.00 for 2007.
RESOLUTION #22-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for Town of Ellicott Registrar
of Vital Statistics Michael C. Erlandson at $1,000.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #23-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing the firm of Wright, Wright and Hampton as Legal Counsel for the Town of Ellicott
Planning Board and the Town of Ellicott Zoning Board of Appeals at a cost to
the Town of Ellicott of $5,650.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent -1
RESOLUTION #24-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing William Wright Jr. as Town of
Ellicott Attorney at an annual salary of $15,000.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #25-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Valerie Pierce as Deputy
Town Clerk, Deputy Receiver of Taxes and Deputy Registrar of Vital Statistics
at a salary of $36,373.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #26-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Valerie Pierce as Town of
Ellicott Bookkeeper
(Abstracts/Accounts Payable Officer) at an annual salary of $5,000.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #27-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Michael C. Erlandson as
Town of Ellicott Bookkeeper (Payroll
Officer) at an annual salary of $2,000.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #28-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Patrick A. Tyler as Town
of Ellicott Bookkeeper (Finance
Officer) at an annual salary of $5,000.00 for 2007.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #29-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Councilman Miller as Town
of Ellicott Deputy Supervisor for
2007 at no pay.
Adopted. Ayes - 4 Noes - 0 Absent - 1
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #31-07 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the following committee
appointments for 2007:
Highway and Drainage –
Councilmen Miller & Pickett
Police – Councilman Miller,
Supervisor Tyler & Councilman Heintzelman
Buildings - Councilmen
Miller & Pickett
Parks – Councilman Geisler
Cemetery - Councilman Miller
Insurance – Councilmen
Miller & Geisler
Special Districts - Councilmen Pickett & Heintzelman
Americans With Disabilities Act Coordinator - Councilman Geisler
Code & Safety Inspection
– Supervisor Tyler
Information Technology –
Councilman Miller
Adopted. Ayes - 4 Noes - 0 Absent - 1
Rezoning Request (Fairmount
Plaza) – The Town Council
discussed a request to rezone property adjacent to the Fairmount Ave. Plaza. (Minutes
10/2/06 et. seq.) Supervisor Tyler
reminded the Council that the Ellicott Planning Board recently recommended that
the rezoning request not be approved.
He noted that the Council formally adopted the Planning
Board’s recommendation on Dec. 18, 2006.
As he stated earlier, the developers interested in rezoning the property
indicated that they were going to submit a revised rezoning request. However, to date, no revised request has
been received. The Council directed
Town Clerk Erlandson to remove the matter from the agenda. Tabled pending further review.
Water Pump Station in School
Ave. Area –
An Informational Meeting has been scheduled for Jan. 24, 2007 at 7:00 at
Southwestern Central School re the installation of a new water pump station
in the School Ave. area of West Ellicott.
(Minutes 11/6/06 et. seq.)
NEW BUSINESS
Sign at Airport Industrial Park - Highway Superintendent Shellhouse reported that the sign at the Airport Industrial Park is in need of repair. He stated that several business located in the park have expressed their concerns re the condition of the sign. The Council discussed whether it might the responsibility of the Chautauqua Co. Industrial Development Agency to maintain the sign. Town officials will contact the IDA to discuss the matter.
RESOLUTION #32-07
Re-appointment to Zoning Board (Hoglin)
Motion by Supervisor Tyler, seconded by Councilman Pickett re-appointing Steve Hoglin, 3244 Moon Rd., to a five-year term on the Ellicott Zoning Board of Appeals, term to expire on December 31, 2011.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #33-07
Re-appointment to Zoning Board
(Remington)
Motion by Supervisor Tyler, seconded by Councilman Pickett re-appointing David Remington, 78 Wicks Ave., to a five-year term on the Ellicott Zoning Board of Appeals, term to expire on December 31, 2011.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #34-07
Re-appointment to Planning Board
(Swanson)
Motion by Supervisor Tyler, seconded by Councilman Pickett re-appointing Gary Swanson, 1907 Buffalo St. Ext., to a seven-year term on the Ellicott Planning Board, term to expire on December 31, 2013.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #35-07
Re-appointment to Planning Board (Carlberg)
Motion by Supervisor Tyler, seconded by Councilman Pickett re-appointing David Carlberg, 3622 Fluvanna-Townline Rd. to a seven-year term on the Ellicott Planning Board, term to expire on December 31, 2013.
Adopted. Ayes - 4 Noes - 0 Absent - 1
STEP 4 OF GRIEVANCE
PROCEDURE
Several members of CSEA
Local 1000, the certified union for Town of Ellicott employees, appeared before
the Town Council. Penny Gleason, Labor
Relations Specialist, addressed the Council re a grievance filed by
Town of Ellicott employee Bridget Grazulewicz.
Ms. Gleason stated that she is presenting the grievance to the Council
as stipulated in the Labor Agreement between the Town of Ellicott & CSEA
Local 1000. (Steps 1-3 were previously
filed) Ms. Gleason outlined the details
of the grievance. (See ‘Grievance
File’) She explained that Ms.
Grazulewicz’ full-time position of Assessment Clerk was eliminated, effective
Jan. 3, 2007 & replaced with a new part-time clerical position. Although Ms. Grazulewicz is currently
employed in the part-time position, Ms. Gleason pointed out that the part-time
position has a lower rate of pay than the former position and has fewer employee
benefits. Ms. Gleason asserted that Ms.
Grazulewicz should continue to be compensated at her former rate of pay &
should also be entitled to the same benefits that a full-time employee
receives. The Council discussed the matter
and will respond to the grievance within 10 days as stipulated in the
labor agreement.
RESOLUTION #36-07
Budget Transfers & Appropriation
Motion by Supervisor Tyler, seconded by Councilman
Pickett authorizing Town of Ellicott Supervisor to make budget transfers &
appropriations in the following accounts (2006):
From: A1010.400 (Town Board -
Contractual) .16
To: A1110.200 (Justice
Court - Equipment) 2155.76
From: A1620.200 (Buildings -
Equipment)
2000.00
A1110.400 (Justice Court - Contractual)
155.76
To: A1220.100 (Supervisor -
Personal Services) .12
From: A1220.400 (Supervisor - Contractual) .12
To: A1355.100 (Assessor -
Personal Services)
243.44
From: A1355.400 (Assessor - Contractual) 243.44
To: A1680.200 (Data
Processing - Equipment) 2716.01
From: A1680.400 (Data Processing
- Contractual 1365.43
A1990.400 (Contingency) 1350.58
To: A1420.400 (Attorney -
Contractual)
397.54
A3510.100 (Dog Control - Personal Services) .04
A3510.400 (Dog Control - Contractual) 190.22
From: A1620.100 (Buildings -
Personal Services)
587.80
To: A7110.400 (Parks -
Contractual) 829.64
From: A7110.100 (Parks -
Personal Services)
829.64
To: A9015.800 (Police -
Retirement) 3961.00
From: A9010.800 (Employee -
Retirement) 1528.00
A1990.400 (Contingency) 2433.00
To: A9060.800 (Hospital
& Medical Insurance) 2428.71
From: A6989.400 (Economic
Development) 2428.71
To: A9730.600 (BAN
Principle) 10465.00
A9730.700 (BAN Interest) 940.33
From: A1990.400 (Contingency) 11405.33
To: B3620.400 (Safety
Inspection - Contractual) 1404.37
To: B9030.800 (Social
Security) 575.62
To: B9060.800 (Hospital
& Medical Insurance) 155.75
From: B3620.100 (Safety Inspection - Personal
Services) 2135.74
Appropriate
the amount of $11,936.34 to Account #DB5112.2 (Unanticipated Revenues)
RESOLUTION #37-07
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2006 current claims #1445-1485,
inclusive, in the amount of $16,505.52 and charge to the proper fund or
account; and, further, to pay 2007 current claims #30-53, inclusive, in
the amount of $13,430.57 and charge to the proper fund or account.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #38-07
Executive Session
(Personnel)
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to convene Executive
Session for the purpose of discussing a personnel matter. 8:07 PM – 8:52 PM.
Adopted. Ayes - 4 Noes - 0 Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 8:52 PM.
Carried. Ayes - 4 Noes - 0 Absent -1
_________________________________
Michael C. Erlandson, Town
Clerk