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

January 17, 2001 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Attorney Duncanson, Police Chief Vanstrom, Code Enforcement Officer Woodbury, Legislator Spicer.  

 

Absent: Highway Superintendent Shellhouse.

 

Supervisor Tyler opened the meeting at 7:00 and led the Town Council in the Pledge of Allegiance.  Town Clerk Erlandson called the roll.

 

APPROVAL OF MINUTES

 

Councilman Hendrickson requested that the minutes of the Jan. 3, 2001 meeting be amended as follows:

 

Re ‘Public Hearing re Local Law #1-01 (page 1): Remove the word ‘parking’.

 

Motion by Supervisor Lodestro, seconded by Councilman Hendrickson to accept the amended minutes of the January 3, 2001 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

 

                PRIVILEGE OF THE FLOOR

 

Ms. Sally Martinez, Director, Greater Jamestown Economic Development Zone, commented on the poor condition of the infrastructure in the Lyndon Park area (i.e. sewer, water & road).    She believes that the infrastructure needs to be upgraded in order to make the area suitable for future economic development.  Ms. Martinez explained that grant monies might be available to finance a portion of the repairs.  She also pointed out that the existing businesses located in Lyndon Park are willing to finance part of the cost.  However, she requested that the Town contribute approximately $322,000.00 to the project.  She also suggested that the Town convert the Lyndon Park area to an Industrial Park.  She feels that such a designation may make it easier to obtain grant monies.

 

Mr. Richard Alexander, Director, Chautauqua County Industrial Development Agency, also commented on the Lyndon Park situation.  He stated that the IDA would be willing to loan the Town of Ellicott monies in order to proceed with the upgrades.  He stressed the importance of the upgrades for future development.

 


The Town Council discussed the request.  Councilmen Hendrickson and Lodestro expressed their concerns with the proposal.  Supervisor Tyler appointed Councilman Lodestro & Miller to a committee to research the matter further.

 

Legislator Spicer stated that he will look into the availability of monies from the Chautauqua County Economic Development Fund to be used for the Lyndon Park upgrades.

 
CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notice of liquor license renewal at Alfie’s Restaurant, 986 Fairmount Ave. WE.

2.      Letter from Andrew Pumford, 2330 Tompkins Rd., regarding the rezoning of Route 60.

3.      Notice of annual Legislative Breakfast to be held in Lakewood, NY on Feb. 3, 2001.

 

TOWN OFFICERS’ REPORTS

 

Councilman Hendrickson discussed the security system for the fuel pump at the Ellicott Highway Garage.  Mr. Hendrickson is considering the possibility of using a similar system in conjunction with the proposed renovation of the Ellicott Administration Building.

 

Town Clerk Erlandson reported that he will collect property taxes at the Celoron Village Hall on Saturday, Jan. 20, 2001.

 

He also reported that officials from Tanglewood Manor will be attending the Feb. 7, 2001 Town Council meeting to discuss the proposed new addition to their facility.

 

Police Chief Vanstrom reported that he received a $4,000.00 grant for Breathalyzer equipment.

 

Mr. Vanstrom also commented on the possibility of instituting a computer use policy for Town of Ellicott employees.

 

Supervisor Tyler expressed his concerns about how committee meetings are conducted in the Town.  He noted that a closed-door meeting was recently conducted at Town Hall and wanted to know why the meeting was held.  In his opinion, such meetings should not be conducted.   Councilmen Taylor and Hendrickson responded that the meeting was held to apprise Attorney Duncanson of pending litigation involving a possible code violation on W. Oak Hill Rd.  The Council discussed the Town’s open meeting policy & asked Atty. Duncanson for his opinion re what constitutes an open meeting.  The Council asked Mr. Duncanson to get an opinion on open government from the New York State Association of Towns.

 

OLD BUSINESS

 

Buffalo-Willard Water Service – Councilman Lodestro reported that construction of the new water line in the Buffalo St. Ext.-Willard St. Ext. area is underway.

Renovation of Administration Building – The Council discussed the proposed renovation of the Ellicott Administration Building.  Mr. Duncanson will look into whether a public referendum is necessary before proceeding with the project.  Councilman Hendrickson noted that grant funding might be available for renovation of the third floor. Attorney Duncanson and Supervisor Tyler will look into how to secure financing for the project.

 

NEW BUSINESS

 

RESOLUTION #33-01

Advertise for Bids (New Police Cars)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the Ellicott Police Chief to advertise for bids for two (2) new patrol cars for the Town of Ellicott Police department; bids to be returned no later than Feb. 7, 2001 at 7:00 PM.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #34-01

Attend GIS Training (Woodbury)

 

Motion by Councilman Hendrickson, seconded by Supervisor Tyler authorizing Code Enforcement Officer Woodbury to attend a training session regarding GIS software to be held in Franklinville, New York at a cost to the Town of Ellicott to be determined later.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #35-01

Retain Attorney (Sinatra v. Town of Ellicott)

 

Motion by Councilman Lodestro, seconded by Councilman Hendrickson to retain Attorney William Wright to represent the Town of Ellicott in the Sinatra v. Town of Ellicott litigation.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #36-01

Retain Legal Counsel (Sinatra v. Town of Ellicott)

 

Motion by Councilman Miller, seconded by Councilman Taylor authorizing Attorney Duncanson and Supervisor Tyler to retain legal counsel to represent the Town of Ellicott in the Sinatra v. Town of Ellicott litigation should Attorney William Wright be unable to represent the Town in the matter.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #37-01

Budget Transfers

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing Town of Ellicott Supervisor to make the following budget transfers:

 

Transfer the amount of $0.16 from Account #A1355.1 (Assessor – Personal Services) to Account A1010.1 (Town Board – Personal Services); transfer the amount of $2,262.50 from Account #A1355.1 (Assessor – Personal Services) to Account #A1110.1 (Justices – Personal Services); transfer the amount of $5,615.92 from Account #A9010.8 (State Retirement) to Account #A1620.4 (Buildings – Contractual); transfer the amount of $4,241.87 from Account #1910.1 (Unallocated Insurance) to Account #A1620.4 (Buildings - Contractual); transfer the amount of $49.91 from Account #A3510.1 (Dog Control – Personal Services) to Account #A3510.4 (Dog Control - Contractual); transfer the amount of $897.60 from Account #B3620.1 (Safety Inspection – Personal Services) to Account #B3620.4 (Safety Inspection - Contractual); transfer the amount of $37.33 from Account #B3620.1 (Safety Inspection – Contractual) to Account #B9030.8 (Social Security); transfer the amount of $2,522.94 from Account #DB9060.8 (Medical Insurance) to Account #DB5112.2 (Capital Outlay – CHIPs); transfer the amount of $470.02 from Account #DB9055.8 (Disability Insurance) to Account #DB5112.2 (Capital Outlay – CHIPs); transfer the amount of $0.08 from Account #B4020.4 (Registrar of Vital Statistics – Contractual) to Account #B40120.1 (Registrar of Vital Statistics – Personal Services); transfer the amount of $25,000.00 from Account #DB9010.8 (Retirement) into a special drainage account.

 

Adopted.                                 Ayes - 5                                Noes - 0                         Absent - 0

 

            RESOLUTION #38-01

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2000 current claims #1530-1558, inclusive, in the amount of $16,487.51 and charge to the proper fund or account; and, further, to pay 2001 current claims #13-47, inclusive, in the amount of $24,430.62 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #39-01

Convene Executive Session (Pending Litigation re )

 

Motion by Supervisor Tyler, seconded by Councilman Hendrickson to Convene Executive Session for the purpose of discussing pending litigation involving an alleged code violation on West Oak Hill Rd.         8:17 – 9:00 PM

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Miller to adjourn at 9:00 PM.

 

Carried.                                  Ayes - 5                                Noes - 0                          Absent - 0

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk