Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
September 17,
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, Highway Superintendent Shellhouse.
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 Pickett to accept the minutes
of the August 20 & August 28, 2007 meetings as presented by the Town Clerk.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from New York State Senator Catherine Young re a proposed NYS Property Taxpayer
Protection Act.
2.
Notice of an upcoming Public Hearing of the Town of Busti Zoning
Board of Appeals.
3.
Notice
from Chautauqua County Health Dept. re the number of animals
vaccinated at two free rabies immunization clinics recently conducted in the
county.
4.
Notification
re an upcoming program on “National Workforce Education and Training”.
5.
Falconer
Fire Chief’s Report: August 2007.
6.
Newsletter:
Chautauqua Co. Chamber of Commerce.
TOWN OFFICERS’ REPORTS
Attorney Wright reported that he would be defending
the Town of Ellicott on several small claims concerning property assessments.
Supervisor Tyler reported that the negotiating committee has reached a tentative agreement with the Town of Ellicott CSEA Police Unit re a new Labor Agreement (Minutes 8/6/07). Mr. Tyler outlined several highlights of the proposed agreement.
Abandonment of Property
(Lakeside Blvd.) – The Town
Council discussed a request to abandon a section of property located near 100 Lakeside
Blvd. (Minutes 7/16/07 et. seq.) As requested by the Council, the owner of
the property, Ray Dorman, presented a survey and title search of the property
to the Council on August 20, 2007.
Attorney Wright reported that he has reviewed the documents. He noted that Mr. Dorman is actually
requesting that two parcels of property be abandoned. He explained that in regards to one of the
parcels, the deed stipulates that the property be utilized exclusively for parks and recreation.
Any other use of the property is prohibited. Consequently, it may not be abandoned. However, Mr. Wright pointed out that the second parcel of
property appears to be part of a Town “right-of-way”. He stated that this property could possibly
be abandoned following a survey and title search. Mr. Dorman agreed to conduct the survey & title search. Tabled until the Oct. 1, 2007 meeting.
Local Update of Census
Addresses (LUCA) Program
– Town Clerk Erlandson reported that the U.S. Census Bureau is requesting the
Town of Ellicott’s participation in the 2010 Local Update of Census Addresses
(LUCA) Program. He briefly outlined the
details of the program. He explained
that the program provides state and local governments with the opportunity to review and update the Census Bureau’s address list. Mr. Erlandson stated that the major goal of
the program is to ensure that the Census Bureau has accurate data for the 2010
census. He explained that the program
would require Town officials to review the current census data & make any changes
that are necessary. He noted that the Census Bureau estimates
that it will take between 105 & 1,575 hours to complete the LUCA review
process. However, Mr. Erlandson has no
clear estimate re how long it would take Town officials to complete the
review. He added that the Town must
register for the program no
later than Dec. 31, 2007. He stated that he would try to obtain more
details re the program. Tabled pending
further review.
Smoking in Town Parks –
The Town Council discussed a request from the Chautauqua Co. Tobacco Control
Program to designate Town of Ellicott Parks & Playgrounds as “tobacco-free” zones.
Supervisor Tyler noted that Burtis Bay Park is the only “park” in
the Town of Ellicott. He added that
such a “regulation” would be virtually unenforceable. He suggested that the coordinator of the
program be asked to attend a future Council meeting to clarify the
proposal. Tabled
pending further review.
Clarification of Rezoning
Request
– Attorney Wright asked the Town Council for clarification re a rezoning request referred to the
Ellicott Planning Board on Aug. 28, 2007 (Minutes 8/28/07). The Council requested that the Planning
Board make a recommendation concerning rezoning a section of N. Main St. Ext.
(Rte. 60) to ‘mercantile.’ Mr. Wright also serves as the attorney for
the Town of Ellicott Planning Board. He
stated that the Planning Board discussed the rezoning request at its last
meeting held on Sept. 12, 2007.
According to Mr. Wright, the Planning Board is not certain what the
Council is requesting. He asked the
Council if it expects the Planning Board to make a formal recommendation re the
request or simply advise the Council
on whether such a request is even viable.
Furthermore, Mr. Wright noted that the Council’s stemmed from a request
recently submitted by Mr. Brad Swanson, 3741 N. Main St. Ext. Mr. Swanson has requested that his property
be rezoned ‘mercantile’. However,
Supervisor Tyler pointed out that rezoning Mr. Swanson’s property alone would
likely constitute ‘spot zoning’. Therefore, the Council determined that the
Planning Board should look into rezoning the larger area. Mr. Wright feels that the Council is
obligated to make a determination re Mr. Swanson’s request before looking at an
expanded area. He pointed out that the
Town Council has no obligation to refer any rezoning request to the Planning
Board if it is not inclined to grant such a request. He also requested that if the Council does refer Mr. Swanson’s
request, that the Planning Board be granted an additional thirty (30)
days to make a recommendation due to the confusion.
MOTION by
Supervisor Tyler, seconded by Councilman Pickett to withdraw a
referral made by the Ellicott Town Council on August 28, 2007 to the Town of
Ellicott Planning Board to review a request to rezone a section of N. Main St.
Ext. (Rte. 60); and, further, to refer a request to rezone a
section of property located at 3741 N. Main St. Ext. (Rte. 60) from
‘residential/agricultural’ to ‘mercantile’ to the Town of Ellicott Planning
Board for further review; and, further, to extend the time period for the
Planning Board to make a recommendation to the Town Council (as stipulated in
Section 146-78B of the Ellicott Code) by thirty (30) days.
RESOLUTION #82-07
Payment of Claims
MOTION by Supervisor Tyler, seconded by Councilman Miller to pay 2007
current claims #922-998, inclusive, in the amount of $88,836.89 and charge
to the proper fund or account.
RESOLUTION #83-07
Executive Session (Pending
Litigation)
MOTION by Supervisor Tyler, seconded by Councilman Pickett to convene Executive
Session for the purpose of discussing two (2) pending litigation
matters. 7:55 PM - 8:22 PM.
Adopted.
Ayes - 4 Noes - 0 Absent - 1
MOTION
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 8:22 PM.
_________________________________
Michael
C. Erlandson, Town Clerk