Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
January 21,
2002 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Justices Gerace & Ognibene, Attorney Lasker, Police Chief Vanstrom, Legislator Huckno, Legislator Spicer.
Supervisor Tyler opened the
meeting at 7:00 and led the Town Council in the Pledge of Allegiance. Town
Clerk Erlandson called the roll.
PUBLIC
HEARING (Local Law #1-02: Code
Revisions)
Supervisor
Tyler opened a Public Hearing
on proposed Town of Ellicott Local Law #1-02 re revisions to the Town of
Ellicott Code. The following public
comments were heard:
Attorney William Wright answered several questions
re the proposed code revisions.
Motion by Supervisor Tyler,
seconded by Councilman Taylor to close the Public Hearing at 7: 10 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
Motion
by Councilman Miller, seconded by Councilman Geisler to accept the minutes of
the January 1, 2002 meeting as presented by the Town Clerk.
PRIVILEGE OF THE FLOOR
Legislator Huckno commented on the lack of progress re the
eradication of weeds (i.e. milfoil) in the Burtis Bay section of Chautauqua
Lake. In his opinion, the Chautauqua
Lake Association has not adequately addressed the problem. He urged the Ellicott Town Council to take
the lead in efforts to destroy the weeds.
Mr. Huckno believes that a herbicide program should be implemented in
Burtis Bay. He asked the Council to
apply for the required herbicide use permit from the New York State Dept. of
Environmental Conservation (NYSDEC).
Mrs. Karen Rine, President, Chautauqua Lake Partnership,
commented on the milfoil problem in Burtis Bay. Mrs. Rine updated the Council on the CLPs efforts to date. She stated that the CLP recently met with
Chautauqua County officials to discuss the milfoil problem. She explained that
the County has no intention of implementing a herbicide program at the present
time. She asked the Town of Ellicott to
apply for the herbicide permit on behalf of the CLP.
Legislator Spicer asked about the status of $40,000.00 owed to
the Town of Ellicott by Chautauqua Co. as reimbursement for cleanup of the
former Jamestown Sterling site located on Allen St. Ext.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from Marshall Carlson, 2205 Swanson Rd., re a speeding problem on his street.
2.
Letter
from Falconer Central School re a printer-cartridge recycling program.
3.
Notification
from the Falconer American Legion that they will not be holding their annual
appreciation dinner this year.
4.
Notice
of liquor license renewal at Lenas Pizza,
707 Fairmount Ave. WE.
5.
Notice
from Chautauqua County Health Dept. re rabies immunization clinics recently
conducted in the area.
6.
Notification
re an upcoming Powers & Duties seminar for elected officials.
7.
Newsletter:
Community Assistance Program.
8.
Police
Activity Report: December 2001.
TOWN OFFICERS REPORTS
Councilman
Miller reported that Randy Graham, insurance representative for the Town of
Ellicott, is pursuing quotes from several companies re the renewal of the
Towns comprehensive
liability insurance policy.
Councilman
Lodestro reported that he will attend a meeting on Jan. 28 re the proposed
Lyndon Blvd. reconstruction project.
Town Clerk Erlandson reported that he will collect property taxes at the Celoron Village Hall on Saturday, Jan. 26, 2002 from 10:00 AM 1:00 PM.
Mr. Erlandson also noted that the Ellicott Information Technology Committee met on Jan. 17, 2002. He noted that the committee made progress on addressing some of the Towns computer problems.
Supervisor
Tyler commented on the Dennis Lee v. Town of Ellicott litigation. He asked the Council for direction following
a recent court ruling in favor of Mr. Lee.
The Council decided not to pursue the matter at the present time.
Justice Gerace presented the Town Council with a check in the amount of $24,335.69 for outstanding bail and uncleared checks. Supervisor Tyler will provide Justice Gerace with a receipt for the monies.
Agreement w/ Chautauqua County (Airport
Sewer Line) Tabled pending further review.
Buffalo-Willard Water Project Supervisor Tyler reported that financing for the Buffalo-Willard Water project has been secured.
Burtis Bay Milfoil Problem The Town Council discussed the ramifications of applying for a herbicide permit for the purpose of alleviating the milfoil problem in Burtis Bay. (see Privilege of the Floor).
RESOLUTION #27-02
Apply for Herbicide Permit (Burtis Bay)
Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the Town of Ellicott to begin the process of applying to the New York State Department of Environmental Conservation for a permit to use aquatic herbicides in Burtis Bay; and, further, that the Ellicott Town Council cease the application process should it be determined that the Chautauqua Lake Partnership can apply for the permit.
Adopted. Ayes 5 Noes - 0 Absent 0
Local Law #1-02 (Code Revisions) The Council
discussed proposed Town of Ellicott Local Law #1-02 re revisions to the Town of
Ellicott Code. The Council recommended
eliminating proposed Sections 146-11E & 146-16D.
RESOLUTION #28-02
Adopt Local Law #1-02
Motion by Councilman Taylor, seconded by Councilman
Geisler to adopt introductory Town of Ellicott Local Law #1-02
revising certain sections of the Town of Ellicott code with the stipulation that
proposed
Sections 146-11E and 146-16D are removed.
(see Local Law #1-02 file for detail)
Adopted. Ayes 5 Noes - 0 Absent 0
RESOLUTION #29-02
Revise Notification Policy (Communication
Towers)
Motion by Councilman Lodestro, seconded by
Supervisor Tyler stipulating that the Town of Ellicott notify
all
property owners within a 1000-foot radius from any proposed telecommunications
towers which are to be located within the Town of Ellicott.
Adopted. Ayes 5 Noes - 0 Absent 0
Renovation of Administration Building
Supervisor Tyler reported that the building renovation project at the Ellicott
Administration Bldg. is nearly complete.
RESOLUTION #30-02
Appointment to Planning Board (Mogenhan)
Motion by Supervisor Tyler, seconded by Councilman
Miller appointing Michael Mogenhan, 67 School Ave. WE, to fill an unexpired
term
on the Town of Ellicott Planning Board; term to expire December 31, 2003.
Adopted. Ayes 5 Noes - 0 Absent 0
Water Service on Orchard Rd. Supervisor Tyler will
contact the Town of Busti Supervisor to discuss the possibility of sharing costs
and/or services related to installing a water line on Orchard Rd
Water Service on Camp St. Ext.
Councilman Lodestro informed the Town Council that the Town is prepared to move
forward with procedural matters re the proposed installation of water service
to Camp St. Ext. residents.
RESOLUTION #31-02
Retain Engineer (Camp St. Ext. Water Service)
Motion by Councilman Lodestro, seconded by
Councilman Miller to retain Engineer Rex Tolman to prepare an engineering study
regarding the proposed installation of water service to the entire
section of Camp. St. Ext. east of Swanson Rd.
Adopted. Ayes 5 Noes - 0 Absent 0
RESOLUTION #32-02
Retain Attorney (Camp St. Ext. Water Service)
Motion by Councilman Lodestro, seconded by
Supervisor Tyler to retain Attorney Gregory Yaw to provide legal counsel
involving the proposed installation of water service to the entire
section of Camp. St. Ext. east of Swanson Rd.
Adopted. Ayes 5 Noes - 0 Absent 0
Motion by Councilman Lodestro, seconded by
Councilman Miller to schedule an Informational Meeting for Feb. 4, 2002
at 7:00 PM regarding the proposed installation of water service to the entire
section of Camp St. Ext. east of Swanson Rd.
Adopted. Ayes 5 Noes - 0 Absent 0
NEW BUSINESS
RESOLUTION #33-01
Purchase of New Police Car
Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the Ellicott Police Chief to purchase a new patrol car for the Town of Ellicott Police department; and, further, that the police car be purchased at the New York State contract price.
RESOLUTION #34-02
Hire Part-time Employee (Court)
Motion by Councilman Taylor, seconded by Councilman Geisler authorizing the Ellicott Town Justices to hire a temporary, part time employee for the Ellicott court office at a starting pay rate of $7.50 per hour.
RESOLUTION #35-02
Reappointment to Planning Board (Calanni)
Motion by Supervisor Tyler, seconded by Councilman Miller to reappoint Ronald Calanni to a seven-year term on the Town of Ellicott Planning Board; term to expire December 31, 2008.
RESOLUTION #36-02
Reappointment to Zoning Board (Remington & Hoglin)
Motion by Supervisor Tyler, seconded by Councilman Miller reappointing David Remington and Steven Hoglin to five-year terms on the Town of Ellicott Zoning Board of Appeals; terms to expire December 31, 2006.
RESOLUTION #37-02
Retain Design Service (Jag Teckna)
Motion by Supervisor Tyler, seconded by Councilman Lodestro to retain Jag Teckna for the purpose of providing professional planning and design services regarding the Ellicott Town Court offices at a cost to the Town of Ellicott not to exceed $65.00 per hour.
RESOLUTION #38-02
Budget Transfers
Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing Town of
Ellicott Supervisor to make the following 2001 budget transfers:
Transfer the amount of $0.16 from Account #A1450.1 (Elections Personal
Services) to Account #A1010.1 (Town Board Personal Services); transfer the amount of $200.00 from
Account #A1110.2 (Justices - Equipment) to Account #A1110.1 (Justices
Personal Services); transfer the
amount of $1,276.54 from Account #A1110.4 (Justices Contractual) to Account
#A1110.1 (Justices Personal Services); transfer
the amount of $6,041.39 from Account #A9060.8 (Hospital & Medical
Insurance) to Account #A1110.1 (Justices Personal Services); transfer the amount of $0.12 from
Account #A1220.4 (Supervisor - Contractual) to Account #A1220.1 (Supervisor
Personal Services); transfer the
amount of $919.33 from Account #A1355.4 (Assessor - Contractual) to Account
#A1355.1 (Assessor Personal Services); transfer
the amount of $350.08 from Account #A1450.1 (Elections Personal Services)
to Account #A1410.1 (Town Clerk Personal Services); transfer the amount of $493.33 from Account #A9060.8 (Hospital
& Medical Insurance) to Account #A1410.1 (Town Clerk Personal Services); transfer the amount of $547.89 from
Account #A1330.1 (Tax Collection Personal Services) to Account #A1410.1 (Town
Clerk Personal Services); transfer the
amount of $397.90 from Account #A1620.4 (Buildings Contractual) to Account
#A1620.1 (Buildings Personal Services); transfer
the amount of $65.62 from Account #A1680.1 (Data Processing Personal
Services) to Account #A1680.4 (Data Processing - Contractual); transfer the amount of $0.04 from
Account #A1450.1(Elections Personal Services) to Account #A3510.1 (Dog
Control Personal Services); transfer the
amount of $35.00 from Account #A1620.4 (Buildings - Contractual) to Account
#A3510.4 (Dog Control Contractual); transfer
the amount of $90.00 from Account #A3510.2 (Dog Control - Equipment) to
Account #A3510.4 (Dog Control - Contractual); transfer the amount of $126.01 from Account #A1620.4 (Buildings -
Contractual) to Account #A6989.4 (Economic Development - Contractual); transfer the amount of $523.33 from
Account #B3620.4 (Safety Inspection - Contractual) to Account #B3620.1 (Safety
Inspection Personal Services); transfer
the amount of $12.50 from Account #B8010.4 (Zoning - Contractual) to
Account #B8010.1 (Zoning Personal Services); transfer the amount of $12.50 from Account #B8020.4 (Planning Board
- Contractual) to Account #B8020.1 (Planning Board Personal Services); transfer the amount of $355.62 from
Account #A1450.1 (Elections Personal Services) to Account #A1420.1 (Attorney
Personal Services); transfer the
amount of $1,324.70 from Account #A1620.4 (Buildings - Contractual) to Account
#A1420.4 (Attorney - Contractual); transfer
the amount of $1,174.39 from Account #DB9060.8 (Hospital & Medical
Insurance) to Account #DB9030.8 (Social Security - Highway); transfer the amount of $1,225.64 from
Account #DB9055.8 (Disability) to Account #DB9030.8 (Social Security -
Highway).
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #39-01
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2001 current claims #1594-1652,
inclusive, in the amount of $135,251.86 and charge to the proper fund or
account; and, further, to pay 2002
current claims #1-59, inclusive, in the amount of $108,806.27 and charge to
the proper fund or account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #40-01
Convene Executive Session (re Labor Agreement)
Motion
by Councilman Miller, seconded by Supervisor Tyler to Convene Executive Session for the purpose of discussing a matter
concerning the Labor Agreement between the Town of Ellicott and Town of
Ellicott CSEA employees. 9:00
9:07 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #41-02
Amend Agreement with CSEA Employees
Motion by Councilman Miller, seconded by Supervisor Tyler to amend
Article 15 of the Labor Agreement between the Town of Ellicott and CSEA LOCAL 1000, AFSCME, AFL-CIO, GENERAL
UNIT 6314 OF LOCAL 807 reinstating the $2.00 generic/$6.00 brand name drug
prescription clause. (see CSEA
Contract for detail)
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 9:08 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk