Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the Southwestern
Central High School Auditorium,
September 19,
2005 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.
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 August 15, 2005 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing re proposed Local Law #4-2005 increasing the term of office for the
Ellicott Town Clerk from two (2) years to four (4) years. No public comments were heard.
Motion by Supervisor Tyler,
seconded by Councilman Heintzelman to close the Public Hearing at 7:02
PM.
PRIVILEGE OF THE FLOOR
Ms. Carolyn SanFilippo, 42 S. Allegheny Ave.,
expressed her concerns re a drainage problem near her home. Highway Superintendent Shellhouse stated
that he would meet with Ms. SanFillippo to address the problem.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal: The Airport Restaurant, 3163 Airport Drive.
2.
Notification
of liquor license renewal: House of Petillo, 382 Hunt Rd.
3.
Letter
from Lee & Janet Woodward, 2812 Bentley Ave., re the condition of an
abandoned property located at 2808 Bentley Ave.
4.
Letter
from Terry Lind, 2832 Bentley Ave. re the condition of an abandoned property
located at 2808 Bentley Ave.
5.
Invitation
to a reception for new Southwestern Central School Superintendent Daniel
A. George to be held on Sept. 27, 2005.
6.
Invitation
to Chautauqua County Conference of Mayors program to be held on Sept.
22, 2005.
7.
Notice
of upcoming Regional Leadership Academy Program re “Fundraising for Public
Organizations” to be conducted on Sept. 27, 2005.
8.
Notice
re an upcoming satellite conference re Records Management to be conducted on
Oct. 18, 2005.
9.
Notification
from the New York State Dept. of Transportation re reduced speed limits
on several roads in the Ross Mills area of the Town of Ellicott.
10.
Newsletter:
Chautauqua Co. Chamber of Commerce.
TOWN OFFICERS’ REPORTS
Councilman Heintzelman noted that Southwestern
Central School taxes decreased $1.07 per thousand. He congratulated the Southwestern School
Board for its efforts in reducing taxes.
Councilman Geisler reported on the status of upgrades to the Burtis
Bay Little League Field. He noted
that monies for upgrades might be available in conjunction with the Lake
Waterfront Revitalization Plan. He
will continue to pursue the matter.
RESOLUTION #87-05
Motion by Supervisor Tyler, seconded by Councilman
Pickett requesting permission from Chautauqua County officials to re-locate the polling place for Town of Ellicott
Election District 4-3 from the Town of Ellicott Administration Building to
the Chautauqua County Airport.
Attorney Lasker reported that he is close to finalizing a
contract between the Town of Ellicott & Falconer Central School
concerning the school’s request that the Town provide the school with a School
Resource Officer (SRO).
OLD BUSINESS
Local Waterfront Revitalization Plan (LWRP) –
Supervisor Tyler reported that a draft of a proposed
LWRP was recently outlined at a public informational hearing. Mr. Tyler noted that before the document can
be submitted to the state the Town Council would be required to accept the completed document. Officials from the Chautauqua Co. Planning Dept. will keep
Town officials informed re the process.
Tabled pending further notice from the County Planning Dept.
RESOLUTION #88-05
Adopt Local Law #4-2005
(Extend Term Limit for Town Clerk)
Motion by Supervisor Tyler, seconded by Councilman Miller to adopt Town
of Ellicott Local Law #4-2005 “increasing the term of office for the Ellicott
Town Clerk from two (2) years to four (4) years subject to a vote of the
electors of the Town of Ellicott”.
RESOLUTION #89-05
Accept Bid (Dump Body)
Motion by Supervisor Tyler, seconded by Councilman Pickett to accept a
bid from Boyle’s Motor Service,
Buffalo, New York in the amount of $44,950.00 for a Heil Dump Body and Viking/Cives
plow.
Library Taxing District – Supervisor Tyler stated that a referendum to create
a special library-taxing district would
be conducted tomorrow – September
20, 2005. (Minutes 7/18/05 et.
seq.) He opened a public comment session re the referendum.
The following public comments were heard:
Mr. Terry Moller, 231 Hunt Rd. asked
if West Ellicott residents would still be required to pay for the Falconer
& Fluvanna Libraries if the new taxing district is created. Supervisor Tyler
assured Mr. Moller that West Ellicott & Celoron residents would no longer
be required to provide funding for the other libraries.
Mrs. Bob asked how much the Town donates to the
Falconer and Fluvanna libraries each year.
Mr. Tyler stated that the
Town donates $2,500.00/yr. To the Falconer Library & $5,000.00 to
the Fluvanna Library.
Ms. Barbara Goldman, 216 Wembley Dr. read a statement in support
of the new library district.
Mr. James Matteson, Celoron, stated that he supports the Prendergast
Library but feels that the figures compiled by library officials to justify
the taxing district are inaccurate. He
is opposed to the taxing district.
Mr. William Pentheny, 65 S. Chicago Ave. noted
that if the taxing district is approved a new library board will also be
established. He questioned why the
library needs a new board & is opposed to the taxing district. Mr. Pentheny also
asked where it is stipulated that the old library board will be dissolved
should the new taxing district be approved.
Mr. Richard Redington,
President, Prendergast Library Board responded that the new board
members will serve as volunteers just like the current board.
Ms. Kathleen Crocker, Jamestown spoke in favor
of creating the taxing district.
Mr. Victor Carlson,
184 Frederick Blvd. stated that he is opposed to the new taxing district.
Town Clerk Erlandson read a letter from Mr. Samuel Alessi, 16 Rowley Court in support of the proposed
taxing district. Mr. Alessi feels that
the library is a valuable resource and should be supported by the entire South
County region.
Mr. Brian Malta, Celoron questioned why the vote would be
conducted only at the Prendergast Library.
He asked why existing polling places in Celoron & West Ellicott
could not also be utilized. He feels
that it will be a hardship for some residents to travel to the library.
Mrs. Cynthia Baglia, 80 S. Hanford stated her opposition to the
proposed district. She pointed out that
many residents in West Ellicott do not utilize the Prendergast Library.
Mr. Allan Hendrickson, 21 Winsor Pl. asked the
Town Council when it first became aware of the proposal to create a new taxing
district.
Councilman Geisler stated that he first became aware of
proposal on June 30, 2005. Mr.
Hendrickson asked Supervisor Tyler if
he met with library officials in April 2005.
Mr. Tyler responded that he did indeed meet with library officials in
April but received no details re the taxing district until late June. Mr. Hendrickson asked whether there was any
effort on behalf of the Prendergast Library Board to negotiate with the
Ellicott Town Council. Supervisor Tyler responded that there was not. Mr. Hendrickson stated that he is opposed to
creating a new taxing entity that the Town of Ellicott has no control
over. Mr. Hendrickson also asked if Mr.
Tyler met with NY State Assemblyman William Parment re the proposed taxing
district. Mr. Tyler responded that he
did not discuss the matter with Mr. Parment.
Ms. Mary Harp, Jamestown spoke on behalf of the Prendergast
Library staff. She stated that
everyone involved with the library works very hard. She feels that it is wrong for opponents of the proposed taxing
district to accuse the library board of deceiving the public. Ms. Harp is in favor of the proposed
district. Ms. Harp
asked the Town Council to consider other alternatives for funding the library
should the taxing district be voted down.
Councilman Geisler responded
that the Council would be more than happy to meet with library officials to
discuss funding alternatives.
Mr. Michael Mogenhan, 67 School Ave. stated
that although he is opposed to the taxing district he is not opposed to
providing funding to the library.
However, in his opinion, all the surrounding municipalities should
contribute – not just Ellicott. He also
does not approve of the way the proposed taxing district was presented to the
public by library officials.
Ms. Baglia asked whether the new library board would be
allowed to arbitrarily raise the library tax should the taxing district be
approved. Supervisor
Tyler assured her that any future tax increase would have
to be approved by residents of the taxing district.
Ms. Nancy Peterson, Baker St. Ext. stated that she is opposed to
the new library district. In her
opinion, the public has not received enough information re the matter.
Village
of Celoron Mayor, Thomas Bartolo,
expressed his opposition to the taxing district. He feels that the proposed new tax would be especially unfair to
senior citizens. He also recommended
that the library set up a satellite-polling place in Celoron for future
elections.
Mr. Richard Hartman, Howard Ave. asked if it is legal to create
a taxing entity. He also asked who
would be permitted to vote on the proposal.
Supervisor Tyler
explained that the creation of a library-taxing district is legal as long as
the tax monies are used specifically for the library. Mr. Tyler also outlined the boundaries of the proposed library
district and stated that all registered voters within the boundaries of the
district would be eligible to vote. He
noted that the district encompasses Jamestown, West Ellicott, Celoron and parts
of the Town of Busti & the Town of Carroll.
Mrs. Nancy Heintzelman, 22 Central Ave. WE,
asked the Town Council to compare the cost of the Ellicott Police Dept. to the
proposed cost of the library district. Supervisor Tyler stated that the cost of providing police
protection is approximately $1.02 per thousand dollars of assessed value. He pointed out that the proposed library
district would cost West Ellicott & Celoron residents an additional $0.67
per thousand.
Councilman Geisler read a letter from Town of Ellicott resident
Randy Elf. Mr. Elf is opposed to the taxing
district. In his opinion, the proposed
taxing district is unfairly distributed since it affects only 61% of the people
who utilize the library.
Councilman Geisler commented on the proposal. He asserted that the vote re the proposed
taxing district is not a West Ellicott vs. Jamestown issue. He pointed out that City of Jamestown
residents are also going to pay more in taxes if the district is approved. Mr. Geisler stated that the Prendergast
Library is an excellent facility as well as an asset to our community. However, he feels that the library board did
a poor job explaining to the public why a new taxing district is
necessary. In his opinion, more
information is needed and other funding alternatives looked into. He feels that the referendum is being
conducted too hastily & that the
library board is trying to force the new tax onto residents. He recommended that the vote be delayed
until the public has had an opportunity to review the ramifications of creating
the new district and make an informed decision re the matter. He offered to work with library officials to
determine a better way of funding library operations.
Ms. McCann, 52 Westminster Dr., asked if voter
registrations would be checked for their validity before they are allowed to
vote on the taxing district. Supervisor Tyler assured her that election inspectors
authorized by the Chaut. Co. Board of Elections will be overseeing the polling
place.
Mrs. Pentheny, 65 S. Chicago Ave., asked if absentee
ballots would be allowed. Supervisor
Tyler stated that absentee ballots would be accepted at the library until 5:00
PM on Sept. 20.
NEW BUSINESS
Hire
Part-time Police Officer - Supervisor Tyler reported that the Town hired
Michael Bergey, Falconer, New
York as a part-time Town of Ellicott
Police Officer, effective Sept. 6, 2005 at a starting rate of pay of $11.22 per
hour and subject to a one-year probation. Mr. Tyler noted that because the Council did
not meet the first Monday in September the decision to hire Patrolman Bergey
was conducted by a telephone poll
of the Council members. Councilman
Miller noted his objection to conducting the telephone poll. He reminded the Council that the decision to
hire the police officer should have been made at a public meeting.
RESOLUTION #86-05
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005
current claims #647-1057, inclusive, in the amount of $322,307.98 and
charge to the proper fund or account.
Adopted. Ayes - 5 Noes - 0 Absent – 0
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:11 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk