Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
April 16, 2007
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright.
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.
The Council observed a moment of silence for
former Village of Falconer Mayor Albert “Abe” Mattison who passed away on April
11.
Motion
by Councilman Miller, seconded by Councilman Heintzelman to accept the minutes
of the April 2, 2007 meeting as presented by the Town Clerk.
Ted Carr, 2929 Moon Rd. expressed
his concern about the re-assessment notices recently received by Town of
Ellicott residents. He noted that many
residents’ assessments increased dramatically.
According to Mr. Carr, most residents received their notices on
Saturday, April 14, 2007. He pointed
out that the deadline for residents to meet with the Town Assessor to discuss
their new assessment is April 20, 2007 – only four days from today. In his opinion, that is not enough
time. He feels that the notices should
have been mailed in a timelier manner.
He also feels that the assessment increases are unfair because only
certain areas of the Town are being re-assessed.
Supervisor Tyler assured Mr. Carr that the
deadline to discuss the new assessments with the assessor would be
extended. He stated that any resident
who wishes to meet with the assessor would be given an opportunity to do so.
Matt Harper, 3181 N. Main St. Ext. also
expressed his concern re the recent assessment increase. He reminded the Town Council that earlier
this year the assessor mailed out questionnaires to all property owners. The purpose of the questionnaire was to
assist the assessor in updating current property information. However, Mr. Harper noted that although he
completed & returned the questionnaire, the new information was not
reflected on his re-assessment notice.
He also questioned the methodology of the re-assessment process.
Jack Rizzo, 2631 Palm Rd. stated that
he is also opposed to the assessment increase.
He reminded the Council that his assessment was increased two years
ago. He asked why it had to be
re-assessed again so soon. In his
opinion, the new assessments are unfair.
Cathy Peterson, 13 Park Ave., Falconer
asked if the new assessment is supposed to reflect the true value of her
home.
Pat Carr, 3195 N. Main St. Ext.,
expressed her concern with the new assessments. She noted that her property was re-assessed just two years
ago. She stated that she is unable to
sell her home because the property taxes are too high. She also feels that volunteer firemen should
receive a property tax exemption.
Chris Bartkowiak, 2575 Palm Rd. also asked
why assessments were being increased so soon after the last increase in
2005. She asked if the property
assessment increase would result in a decrease in the Town of Ellicott tax rate. Supervisor Tyler pointed out that in
accordance with New York State Real Property Law, only certain sections of the
Town of Ellicott are being re-assessed this year. He explained that the tax rate does not decrease unless
the entire Town is re-assessed.
Merle Beardsley, 3597 Falconer-Kimball
Stand Rd. feels that the recent re-assessments were not necessary.
James Girts, 3421 Matson Rd. stated
that he is opposed to the recent re-assessment.
The Town Council members emphasized that New York State regulations determine the process by which property is re-assessed in municipalities. They explained that the Town Assessor has very little control re how properties are assessed. The assessor is simply doing her job as mandated by the state. The Council encouraged residents to contact their NY State representatives & insist that the current property re-assessment system be reformed. The Council also urged the public to attend school budget hearings.
Chautauqua Co. Executive Gregory Edwards addressed the Council. Mr. Edwards commented on property taxes. In his opinion, property taxes are unfair and should be phased out. He stated that many residents are finding it increasingly difficult to pay their property taxes & noted that the percentage of tax foreclosures is increasing throughout Chautauqua Co. Mr. Edwards explained that some legislators have advocated reducing the sales tax. Mr. Edward feels that the sales tax is a less regressive tax than property taxes. In his opinion, reducing the sales tax would simply shift the tax burden to property taxes.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
re the annual Village of Falconer Memorial Day Parade to be held on May
28, 2007
2.
Notification
of Liquor License Renewal: Good Time Saloon, 590 Fairmount Ave.
3.
Letter
from Fluvanna Free Library thanking the Ellicott Town Council for its
annual donation.
4.
Notification
re the annual Local Government Conference sponsored by Southern Tier West to
be held at Houghton College on May 9, 2007.
5.
Notice
re upcoming events sponsored by the Chautauqua County Chamber of Commerce.
6.
Notice
re a free rabies vaccination clinic to be held in Fredonia, NY.
5.
Newsletter:
Chaut. Co. Chamber of Commerce.
Councilman Miller commented on the
questionnaires that were mailed to residents earlier this year by the Town of
Ellicott Assessor. He noted that the
purpose of the questionnaires was to assist the assessor in updating property
information. He expressed concern that
the updated information may not have been reflected on the recent re-assessment
notices. He asked Town Clerk Erlandson
to look into the matter.
Councilman Geisler reported that the Ellicott
Zoning Commission met on April 5, 2007 and would be meeting again on Apr. 19,
2007. He gave the Council a brief
progress report re the activities of the commission.
Highway Superintendent
Shellhouse
reported that the Jamestown BPU has begun work on extending the water
line through a section of Burtis Bay Park. (Minutes 4/2/07)
Request for Municipal Water Service (Buffalo
St. Ext.) - Highway Superintendent Shellhouse reported that he has prepared
the final cost estimate for the proposed extension of municipal water service to a section of Buffalo
St. Ext. between Willard St. Ext. and the Peck-Settlement Rd. (Minutes 3/5/07 et. seq.) The proposed project would benefit 9 existing homes. Town officials will contact the residents by mail to determine
whether they are in favor of the project.
Four-year Terms for Elected Officials -
The Town Council discussed a proposal to establish four-year
terms for the Town Supervisor, Town Clerk and the Town Council. (Minutes 4/2/07) Town Clerk Erlandson explained that New York State Town Law
prohibits four-year terms for Council members if a town has a ward system such as the Town of Ellicott. However, he noted that the Town could adopt
a “home-rule” law, effectively superseding Town Law. Town Attorney Wright pointed out that the resolution to create
four-year terms must be adopted no less than
150 days prior to the upcoming November election. He also reminded the Council that the resolution would be subject
to a mandatory referendum. Mr. Wright will continue to research the
matter. Tabled pending further review.
NEW BUSINESS
RESOLUTION #52-07
Advertise for Bids (Gravel)
Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing the
Ellicott Highway Superintendent to advertise
for bids for gravel, bids to be returned no later than May 21, 2007 at 10:00 AM.
Adopted.
Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #53-07
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2007
current claims #368-444, inclusive, in the amount of $52,893.00 and charge
to the proper fund or account.
Adopted.
Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Miller to adjourn at 8:30 PM.
Carried.
Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk