Minutes of a Regular Meeting of the

Town Council of the Town of Ellicott

held at the Administration Building,

215 S. Work Street, Falconer, N.Y. on

August 6, 2007 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Pickett, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright, Police Chief Ohnmeiss. 

 

Absent: Councilman Geisler, Councilman Miller.

 

Supervisor Tyler opened the meeting at 7:20 PM and led the Town Council in the Pledge of Allegiance.    Town Clerk Erlandson called the roll. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Heintzelman, seconded by Councilman Pickett to accept the minutes of the July 16, 2007 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 3                               Noes - 0                                Absent - 2

               

PRIVILEGE OF THE FLOOR

 

Larry Barmore, Republican candidate for Chautauqua County Legislature District 9 commented on a proposed request to rezone 55 acres of property east of Rte. 60 in the Town of Ellicott.  He encouraged the Town Council to accept the recent recommendation from the Town of Ellicott Planning Board to not rezone the property.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

                                   

1.      Letter from the New York State Board of Real Property Services establishing the final state equalization rate for the Town of Ellicott at 100.00 for 2007.

2.      Notice from So. Tier West Regional Planning & Development Board re an upcoming training program on property tax assessments.

3.      Notification of Liquor License Renewals: Herman Kent Post American Legion, 26 Jackson Ave., LaScala, 3202 Fluvanna Ave., AMVETS Post 1996, 3155 Fluvanna Ave.

4.      Notice re an upcoming charitable “walk” to be held in Falconer on Aug. 25, 2007.

5.      Invitation to annual Dinner Cruise on the Summer Wind sponsored by the Chautauqua Co. Conference of Mayors & Supervisors.

6.      Newsletter: Chautauqua Co. Chamber of Commerce.

7.      Newsletter: So. Tier West Regional Planning & Development Board.

 

TOWN OFFICERS’ REPORTS

Councilman Heintzelman reported that he received an information packet from NYS Senator Catherine Young’s office re grant monies for the new water pump station.  (Minutes 5/7/07)

 

Supervisor Tyler reported that the Town received $24,000.00 in “member initiative funding” from NYS Senator Catherine Young & NYS Assemblyman William Parment.  He reminded the Council that the funding would be used to purchase seven (7) new fire hydrants.

 

Mr. Tyler also reported that Fancher Chair Co. recently celebrated its 200th year of operation.  He congratulated company officials on the achievement.

 

Mr. Tyler also noted that he received notification that Town of Ellicott CSEA Police Unit is ready to commence negotiations re a new Labor Agreement that would be effective January 1, 2008.  Mr. Tyler & Councilman Pickett will handle the negotiations for the Town Council.

 

OLD BUSINESS   

 

Abandonment of Property (Lakeside Blvd.) – The Town Council discussed a request to abandon a section of land near 100 Lakeside Blvd.  The property owner, Ray Dorman, submitted the request.  Attorney Wright noted that a section of Town property was already conveyed to the previous owners of 100 Lakeside Blvd. in 1986.  However, Mr. Dorman explained that this is a different request.  Supervisor Tyler & Councilman Heintzelman stated that they are not opposed to abandoning the property.  However, the Council stipulated that Mr. Dorman grant the Town of Ellicott an easement prior to the Town’s abandonment of the property.  In addition, Mr. Wright pointed out that that the property in question may be part of Burtis Bay Park.  If so, it could complicate the abandonment process.  Mr. Dorman was asked to obtain a survey and title search of the property.  Tabled pending further review.

 

RESOLUTION #73-07

Accept Bid (Pump Skid)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to accept the low bid from Vellano Bros. Inc., Lancaster, New York in the amount of $57,981.00 for a pump skid for the new water pump station on School Ave.

 

Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

RESOLUTION #74-07

Appoint Full Time Police Officer (Bergey)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett appointing Michael Bergey, 3660 Gerry Levant Rd., Falconer, NY, as a full-time Town of Ellicott police officer, effective August 5, 2007, at an annual salary of $36,071.00 and subject to a one-year probation.

 

Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

Request for Rezoning (N. Main St. Ext.) – The Town Council discussed a request to rezone a section of North Main St. Ext. (Rte. 60) to ‘mercantile’.  (Minutes 5/21/07)  Supervisor Tyler noted that the Ellicott Planning Board recently recommended that the property not be rezoned.  Therefore, he recommended that the rezoning request be denied.

 

RESOLUTION #75-07

Rezoning Request (N. Main St. Ext.)

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to deny a request to rezone 55 acres of property east of N. Main St. Ext.

 
Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

NEW BUSINESS

 

RESOLUTION #76-07

Ban Renewal (Water 1B)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing the issuance and sale of a Bond Anticipation Note in the amount of $14,200.00 for the construction of a Water Supply and Distribution System for Water District 1B of the Town of Ellicott.  (see 'BAN' file for detail)

 
Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

RESOLUTION #77-07

Re-appointment of Town Assessor (Painter)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to re-appoint Marsha Painter to a six-year term as the Town of Ellicott Assessor effective October 1, 2007; term to expire September 30, 2012.

 

Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

RESOLUTION #78-07

Payment of Claims

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2007 current claims #782-865, inclusive, in the amount of $87,091.47 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 3                           Noes - 0                               Absent - 2

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:40 PM.

 

Carried.                                  Ayes - 3                           Noes - 0                               Absent - 2

 

_________________________________

                                                                                             Michael C. Erlandson, Town Clerk