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

December 17, 2007 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Beckerink, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, 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. 

 

APPROVAL OF MINUTES

 

MOTION by Councilman Heintzelman, seconded by Councilman Miller to accept the minutes of the December 3, 2007 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

                       

1.      Notification from New York State Dept. of State that Town of Ellicott Local Law #1-2007 has been received and filed.

2.      Newsletter: Ellery Sno-Cruisers.

3.      Falconer Fire Chief’s Report: November 2007.

 

TOWN OFFICERS’ REPORTS

 

Councilman Miller thanked Supervisor Tyler for his twelve years of dedicated service to the Town of Ellicott.  He presented him with a commemorative plaque.

 

Councilman Miller also thanked Councilman Geisler for his six years of service on the Ellicott Town Council.

 

Councilman Heintzelman reported that the Ellicott Zoning Commission recently submitted two (2) grant applications for funding to conduct a comprehensive plan for the Town of Ellicott. 

 

Councilman Geisler expressed his concern that the Town of Ellicott is impeding commercial development.  He reminded the Council that on several occasions in the past year the Ellicott Planning Board has deferred making a recommendation on rezoning requests pending the completion of a town-wide comprehensive plan.  Mr. Geisler feels that this policy is not in the best interest of the Town and sends the wrong signal to potential developers.  He pointed out that rezoning might be necessary in certain cases in order to accommodate a potential commercial development.  In addition, Mr. Geisler noted that the comprehensive plan might take several years to complete.  He stated that he is not in favor of a “moratorium” being placed on commercial development pending completion of the plan.  He feels that the Ellicott Planning Board should continue reviewing rezoning requests on a case-by-case basis as it always has.  The Council discussed the matter & unanimously agreed that the Town should not curtail commercial development until the comprehensive plan has been completed.

 

Motion by Councilman Heintzelman, seconded by Councilman Geisler to send a letter to the chairman of the Ellicott Planning Board requesting that the Planning Board not defer from reviewing future rezoning requests pending the completion of a comprehensive plan and; further, that the Planning Board continue to review future rezoning requests on a case-by-case basis.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Highway Superintendent Shellhouse thanked Supervisor Tyler for his support of the Ellicott Highway Dept. during his twelve years as Town Supervisor.

 

OLD BUSINESS   

 

Expiration of Terms on Zoning Board of Appeals – Supervisor Tyler reminded the Town Council that the terms of two (2) members of the Ellicott Zoning Board of Appeals are expiring at the end of 2007.  ZBA Chairman Steve Hoglin addressed the Council.  He requested that the Council re-appoint the two current members.  The Council discussed whether to re-appoint the two members or appoint new people to the positions.   

 

RESOLUTION #104-07

Appointments to ZBA (Hendrickson & Pratt)

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman appointing Allan Hendrickson, 21 Winsor Pl. and Phillip Pratt, 3779 Ross Mills Rd. to five-year terms on the Town of Ellicott Zoning Board of Appeals; terms to expire December 31, 2012.

 

Adopted.                           Ayes – 3                              Noes - 1                                Abstain - 1

(Geisler Voted No, Miller Abstained)

 

NEW BUSINESS

 

RESOLUTION #105-07

Amendment to Labor Agreement (Police)

 

MOTION by Supervisor Tyler, seconded by Councilman Miller to amend Article XXII Section 2 (Retirement) of the Labor Agreement between the Town of Ellicott and the Town of Ellicott Police Unit 6314-01 of the Civil Service Employees Association (CSEA) allowing police employees to opt out of a sick leave “cash out” program.  (see ‘CSEA Police Contract’ file for detail)

 

Adopted.                             Ayes - 4                               Noes - 0                              Abstain - 1

(Beckerink Abstained.)

 

RESOLUTION #106-07

Amendment to Police Retirement Plan

 

MOTION by Supervisor Tyler, seconded by Councilman Miller to provide the pension benefits of Section 384-e of the New York State Retirement & Social Security Law to any member of the Town of Ellicott Police Dept. covered by Section 384-d of the Retirement & Social Security Law; and, furthermore, that section 384-e be made available to each police employee by the Town for a window period of one (1) year commencing January 1, 2008 and closing December 31, 2008.

 

Adopted.                             Ayes - 4                               Noes - 0                              Abstain - 1

(Beckerink Abstained.)

 

RESOLUTION #107-07

BAN Renewal (Orchard Rd. Water)

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman authorizing the issuance and sale of a Bond Anticipation Note in the amount of $195,055.87 for the construction of a water supply and distribution system for Orchard Road in the Town of Ellicott.  (see ‘BAN’ file for detail)

 

Adopted.                            Ayes - 5                              Noes - 0                                 Absent - 0

 

RESOLUTION #108-07

BAN Renewal (Camp St. Ext. Water)

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman authorizing the issuance and sale of a Bond Anticipation Note in the amount of $99,390.27 for the construction of a water supply and distribution system for Camp St. Ext. in the Town of Ellicott.  (see ‘BAN’ file for detail)

 

Adopted.                            Ayes - 5                              Noes - 0                                 Absent - 0

 

RESOLUTION #109-07

BAN Renewal (Royal Oaks Water)

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman authorizing the issuance and sale of a Bond Anticipation Note in the amount of $16,799.35 for the construction of a water supply and distribution system for Royal Oaks in the Town of Ellicott.  (see ‘BAN’ file for detail)

 

Adopted.                            Ayes - 5                              Noes - 0                                 Absent - 0

 

RESOLUTION #110-07

Payment of Claims

 

MOTION by Supervisor Tyler, seconded by Councilman Beckerink to pay 2007 current claims #1296-1343, inclusive, in the amount of $17,980.90 and charge to the proper fund or account.

 

Adopted.                            Ayes - 5                              Noes - 0                                 Absent - 0

 

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:32 PM.

 

Carried.                             Ayes – 5                              Noes - 0                                Absent - 0

 

 

_________________________________

                                                                                             Michael C. Erlandson, Town Clerk