Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
May 7, 2007 at
7:00 P.M.
Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, 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 Miller, seconded by Councilman Heintzelman to accept the minutes
of the April 16, 2007 meeting as presented by the Town Clerk.
Jack Rizzo, 2631 Palm Rd. stated that
he is opposed to the recent assessment increases that have occurred in certain
areas of the Town of Ellicott. He asked
the Council to explain why properties are being excessively re-assessed.
The Town Council members
pointed out that New York State regulations determine the process by which
property is re-assessed in municipalities.
They noted that the assessor is simply doing her job as mandated by the
state. They explained that the Council
has no control over how property is assessed.
The Council’s basic function is to appoint an assessor and set the salary
for the position. The Council
encouraged residents to contact the Town Assessor re their new
assessments. They also noted that all
residents would have the opportunity to protest their assessments in front of
the Ellicott Board of Assessment Review on “Grievance Day”, which will be held
on May 23, 2007.
Carried. Ayes - 4 Noes - 0 Absent - 1
Town Clerk Erlandson read the
following items into the record:
1.
Notification
re the Chautauqua County Chamber of Commerce Recognition Breakfast to be
held on May 30, 2007.
2.
Notification
re the annual Village of Falconer Memorial Day Parade to be held on May
28, 2007.
3.
Letter
from Sandra K. Johnson, Town of Kiantone, stating that she will retire as
Kiantone Town Clerk, effective May 1, 2007.
4.
Notice
re a free rabies vaccination clinic to be held in Fredonia, NY.
5.
Notification
re the annual Local Government Conference sponsored by Southern Tier West to
be held at Houghton College on May 9, 2007.
5.
Newsletter:
Chaut. Co. Chamber of Commerce.
6.
Notice
re the upcoming 10th annual Community Foundation Golf
Tournament.
7.
Falconer Fire Dept. Report: January - March 2007.
Town Clerk Erlandson reported that he and Code
Enforcement Officer Randy Woodbury would be working throughout the year with a
computer technician to upgrade the Town of Ellicott website. Mr. Erlandson stated that he hopes to
complete the upgrade by the end of 2007.
He asked the Council members to contact him with any ideas they might
have re the website.
Highway Superintendent Shellhouse
reported
that John Piazza is retiring from the Ellicott Highway Dept. in July 2007. Mr. Shellhouse stated that he will begin
interviewing candidates to fill the position in the next several weeks.
Supervisor Tyler reported that the Tri-County
Tobacco Control Program has asked the Ellicott Town Council to support
their efforts to reduce tobacco consumption.
RESOLUTION #54-07
Tobacco-Free Program
Motion by Supervisor Tyler, seconded by Councilman Heintzelman supporting
the efforts of Allegany, Cattaraugus and Chautauqua Counties to protect the
children of our community by reducing tobacco advertising, sponsorships
and promotions.
Carried.
Ayes - 4 Noes - 0 Absent - 1
Request for Municipal Water Service (Buffalo St. Ext.) – Town Clerk Erlandson reminded the Town Council
that 11 property owners were recently polled
to determine whether they wanted to extend municipal water service to a section
of Buffalo St. Ext. between Willard St. Ext. and the Peck-Settlement Rd. (Minutes 3/19/07) He reported that the proposal was defeated
6-5. Consequently, the Council will not
proceed with the project.
Four-year Terms for Elected Officials –
Attorney Wright reported that he has researched a proposal to establish four-year terms for the Town Supervisor, Town Clerk
& the Town Council. (Minutes
4/2/07) He noted that New York State
Town Law prohibits four-year terms for Council members if a town has a ward system like the Town of Ellicott. However, according to Mr. Wright, the Town
could adopt a municipal “home-rule” law to permit four-year terms for within a
ward system. He added that the home
rule law would be subject to mandatory referendum. He also pointed out that the ward system
applies only to the Town Council - not the Town Supervisor and Town Clerk
positions. Mr. Wright noted that the
Council could not vote on the referendum prior to sixty (60) days before to the
November election. The Council discussed
the matter. Tabled pending further
review.
Water Pump Station in School
Ave. Area –
Councilman Heintzelman recommended that the Town move ahead with the
construction of a new water pump station in the School Ave. area. (Minutes 11/6/06 et. seq.) He noted that Town officials recently looked
into an alternative plan. (Minutes
4/2/07) However, he feels that
constructing the pump station is the most viable long-term solution. Mr. Heintzelman also pointed out that the
Town Council recently conducted a public hearing on the pump station and
received very little opposition from residents re the matter. He also reported that the Town of Ellicott
would be receiving $25,000.00 in “member-item” funding from NYS Senator
Catherine Young for the construction of the pump station. In his opinion, the Council should proceed
with the project.
Water Pump Station (School
Ave.)
Motion by Councilman Heintzelman,
seconded by Councilman Pickett to install a water pump station in
the Howard Ave. – School Ave. area of West Ellicott. (See ‘Howard Ave. - School Ave. Pump Station’ for detail)
Adopted.
Ayes - 4 Noes - 0 Absent - 1
Councilman Heintzelman added
that a property owner in the area is interested in granting the Town an easement
for the pump station. According to Mr.
Shellhouse, the easement would enable the pump station to be constructed
further away from the residences in the area.
Mr. Shellhouse will discuss the matter with the property owner.
Chautauqua Lake Local Waterfront Revitalization
Program – Councilman Heintzelman reported that the public comment period for the Chautauqua Lake
Inter-Municipal Draft Local Waterfront Revitalization Program (LWRP) expires
on May 14, 2007. (Minutes 3/19/07) He pointed out that the LWRP
might have certain adverse
implications for the Town of Ellicott.
Attorney Wright asked the Council members to review the draft &
submit any comments they might have concerning the proposed LWRP. (See ‘LWRP’ for detail)
Rezoning Request N. Main St. Ext. –
Supervisor Tyler reported that the Town has received letters from a number of
property owners concerning a request from Clarence J. Carlson, 2996 N. Main St
to rezone property located on N.
Main St. Ext. (Rte. 60) from ‘residential’ to ‘mercantile’. (Minutes 3/5/07 et. seq.)
Motion by Supervisor
Tyler, seconded by Councilman Pickett to refer the letters to the Ellicott Planning Board
to use in their deliberations concerning the rezoning of 13.8 acres of property located east of North
Main Street Ext. (Rte. 60). (Minutes
3/19/07)
Carried.
Ayes - 4 Noes - 0 Absent - 1
NEW BUSINESS
Truck Traffic on Hunt Rd. – Supervisor Tyler asked Highway Superintendent Shellhouse if trucks are
permitted on Hunt Rd. Mr. Shellhouse
pointed out that the Chautauqua Co. Dept. of Public Works maintains Hunt Rd. He stated that, to his knowledge the street
is not a designated “no-truck” route.
He will look into the matter further.
Condition of Marvin Parkway – Supervisor Tyler reported that he has received several telephone calls
from residents re the deteriorating condition
of Marvin Parkway. Highway Superintendent Shellhouse noted that
in accordance with a 1972 agreement with the City of Jamestown it is the
city’s responsibility to maintain the road.
Mr. Shellhouse will contact city officials re the matter.
RESOLUTION #56-07
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2007
current claims #445-527, inclusive, in the amount of $50,575.62 and charge
to the proper fund or account.
Adopted.
Ayes - 4 Noes - 0 Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Miller to adjourn at 8:45 PM.
Carried.
Ayes - 4 Noes - 0 Absent - 1
_________________________________
Michael
C. Erlandson, Town Clerk