Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
October 1,
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.
MOTION
by Councilman Heintzelman, seconded by Councilman Geisler to accept the minutes
of the September 17, 2007 meeting as presented by the Town Clerk.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
from So. Tier West Regional Planning & Development Board re upcoming
programs on capital planning & wind energy.
2.
Notice
from Chautauqua County Health Dept. re two free rabies
immunization clinics recently conducted in the Chautauqua Co.
3.
Designation
of Restricted Highway: a portion of Interstate 86 two miles east and west of
the Veteran’s Memorial Chautauqua Lake Bridge.
4.
Letter
from Southwestern Area Sports, Inc. thanking the Town of Ellicott
Highway Dept. for its efforts in maintaining the Burtis Bay Baseball
Field.
5.
Newsletter:
Chautauqua Co. Chamber of Commerce.
TOWN OFFICERS’ REPORTS
Town Clerk Erlandson reported that he would be
taking part in the Local Update of Census Addresses (LUCA) Program. (Minutes 9/17/07) He explained that he is not sure how much work will be involved
in the project. However, he stated that
if it becomes the amount of work involved becomes too time-consuming he would
discontinue the program.
Supervisor Tyler reported that he will
present the 2008 Tentative Budget for the Town of Ellicott no later than Friday
Oct. 5, 2007.
Abandonment of Property
(Lakeside Blvd.) - Tabled pending title search and survey.
RESOLUTION
#84-07
Adopt Labor
Agreement w/ Town of Ellicott Police Employees
Motion by Supervisor Tyler, seconded by Councilman Pickett to ratify a labor agreement between the Town of Ellicott and the CSEA Local 100 AFSCME, AFL-CIO, the certified union for the Town of Ellicott General Police Unit 6314-01 of Local 807; effective dates of the agreement are January 1, 2008 through December 31, 2010. (See ‘Police CSEA Labor Agreement’ file for detail)
Adopted. Ayes - 5 Noes -
0 Absent - 0
Fess for Rezoning Requests – The Town Council discussed increasing the fee
for rezoning requests. (Minutes
8/20/07) The current fee is
$50.00. Town Clerk Erlandson reported
that he looked into how much other municipalities charge. He stated that none of the municipalities he
contacted have such a fee. Attorney
Wright pointed out that most municipalities do not have a provision in their code for rezoning changes like the Town of Ellicott. In Mr. Wright’s opinion, the Ellicott Code
“invites” rezoning requests because it costs only $50.00 to make such a
request. Councilman Heintzelman feels
that the fee should at least be high enough to cover the costs the Town incurs
during the process of reviewing the request (i.e. legal notices, public
hearings, mailings, etc.) He
recommended that the fee be increased to $500.00. Councilman Miller feels that $250.00 would
be more reasonable.
Motion
by Supervisor Tyler, seconded by Councilman Geisler to schedule a Public
Hearing for Monday, October 15, 2007 at 7:00 PM regarding a proposal to
increase the fee for rezoning requests in the Town of Ellicott to
$500.00.
(Councilman Miller Voted
No.)
Retain Appraiser Services –
John D. Brearley, JD Consultants LLC addressed the Town Council re a
proposal to provide appraisal services
to the Town of Ellicott. The total cost
for the services would be approximately $47,500.00. He stated that this would be a one-time
cost & outlined the services he would be providing. Town of Ellicott Assessor, Marsha Painter,
feels that it is necessary for the Town to retain an appraiser in order to
bring the Town’s property assessments up to date. Otherwise, the Town’s assessment equalization
rate might fall below 100%. This would
result in the Town losing $30,000.00 in state funding. She recommended that the Town retain Mr. Brearley.
She reminded the Council that the Town was basically without a full-time
assessor for three years. As a result,
the Town fell behind in its normal re-assessment cycle. Although many properties have been re-assessed
following her arrival in July 2005, Mrs. Painter pointed out that many
properties in the Town still have to be updated. She noted that there is currently $27,000.00 in the 2007 budget, which could immediately be allocated for Mr.
Brearley’s services. She also
reiterated that this would be a one-time service. Once the Town’s assessments are caught up,
her office would simply need to maintain its normal assessment cycle. The Council asked Mr. Brearley & Mrs.
Painter a number of questions concerning the proposal. The Council directed Mrs. Painter to obtain quotes from other appraisers. Tabled pending further review.
RESOLUTION
#85-07
BAN Renewal
(Roller)
Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing the
issuance of a Bond Anticipation Note
in the amount of $33,900.00 for the purchase of a 2004 Ingersoll-Rand Model DD-90 Roller for the Town of Ellicott Highway
Department. (see 'BAN' file for
detail)
Vacancy on Ellicott Planning
Board –
Town Clerk Erlandson reported that David Carlberg has resigned from the Ellicott Planning Board, effective
immediately. The Council asked Mr.
Erlandson to contact an individual who has expressed an interest in becoming a
member of the Planning Board to determine whether he wants to fill the
vacancy.
RESOLUTION #86-07
Payment of Claims
MOTION by Supervisor Tyler, seconded by Councilman Miller to pay 2007
current claims #999-1061, inclusive, in the amount of $63,180.77 and charge
to the proper fund or account.
RESOLUTION #87-07
Executive Session (Pending
Litigation)
MOTION by Supervisor Tyler, seconded by Councilman Geisler to convene Executive
Session for the purpose of discussing pending litigation. 7:50 PM - 8:25 PM.
Adopted.
Ayes - 5 Noes - 0 Absent - 0
MOTION
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 8:25 PM.
_________________________________
Michael
C. Erlandson, Town Clerk