Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
February 4,
2002 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer. Absent: Councilman Miller.
Supervisor Tyler opened the
meeting at 7:00 and led the Town Council in the Pledge of Allegiance. Town
Clerk Erlandson called the roll.
INFORMATIONAL
HEARING (Water Service – Camp
St. Ext.)
Supervisor
Tyler opened an Informational Hearing
re a proposed plan to extend municipal water service to Camp St. Ext. east of Swanson Rd.
Mr. Tyler stated that the cost of installing the water line would be
approximately $6,000.00 per residence.
Councilman Lodestro explained that the Ellicott Town Council received a petition from residents of Camp St. Ext. requesting
the Town to look into the matter. Engineer Rex Tolman discussed several technical aspects
concerning the proposed water line. Attorney Gregory Yaw outlined the legal steps
involved in establishing a water service area.
Mr. Yaw also explained the various payment options. Several residents asked questions re the
proposal.
Supervisor Tyler closed
the Public Hearing at 7: 33 PM.
Motion
by Councilman Taylor, seconded by Councilman Lodestro to accept the minutes of
the January 21, 2002 meeting as presented by the Town Clerk.
PRIVILEGE OF THE FLOOR
Mr. Jeff Scherzer, SBA Inc., commented on proposed code
revisions currently being considered by the Ellicott Town Council re telecommunication
towers. Mr. Scherzer provided Town
Attorney Lasker with a letter outlining several concerns relating to the
proposed revisions.
Legislator Spicer reported that the Town
received $40,000.00
from Chautauqua County as reimbursement for cleanup of the former Jamestown
Sterling site located on Allen St. Ext.
Mr. Spicer thanked Chautauqua Co. Senior Project Coordinator Rose Wightman & Chaut. Co. Finance Director Jean Blackmore for expediting the matter.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of an upcoming training seminar re Town Finances.
2.
Notice
from the Chaut. Co. Board of Elections that both Richard Young & Philip
Ribaudo have been re-appointed as Ellicott Voting Machine Custodians for 2002.
TOWN OFFICERS’ REPORTS
Councilman
Taylor reported that he, Councilman Miller & Town Clerk Erlandson met with
the Falconer Senior Citizens Association (FSCA) on Jan. 25, 2002 re use
of the Ellicott Community Center. Mr.
Taylor reminded the Council that the Senior Citizens have been conducting their
monthly meetings elsewhere during the recent renovations of the Ellicott
Administration Bldg. Since the
renovations are nearly complete, he stated that the FSCA would be permitted to
begin utilizing the Community Center for its February 2002 meeting.
Councilman
Lodestro reported that Randy Graham, insurance representative for the Town of
Ellicott, is still waiting for quotes from several companies re the renewal of
the Town’s comprehensive
liability insurance policy.
Highway
Superintendent Shellhouse reported that the Town of Ellicott might be receiving
approximately $12,000.00 - $13,000.00 from the Federal Emergency Management
Agency (FEMA) for disaster relief related to the snowstorm that struck Western
New York in December 2001.
Supervisor
Tyler commended Town of Ellicott Police Chief Rodney Vanstrom for his 12 years
of service as president of the Chautauqua Co. Public Safety Commission. Mr. Tyler stated that Chief Vanstrom would
be stepping down as president at the end of his current term.
Agreement w/ Chautauqua County (Airport
Sewer Line) – Tabled pending further review.
Burtis Bay Milfoil Problem – Supervisor Tyler reported that he intends to meet with a representative from the Lime Lake area near Machias, N.Y. re the logistics of instituting an aquatic herbicide program in Burtis Bay.
RESOLUTION #42-02
Rescind Local Law #1-02 (Code Revisions)
Motion by Supervisor Tyler, seconded by Councilman
Taylor to rescind Town of Ellicott Local Law #1-02 revising certain sections of the Town
of Ellicott code.
Adopted. Ayes – 4 Noes - 0 Absent – 1
RESOLUTION #43-02
File and Publish DEIS re Local Law #1-02
(Code Revisions)
Motion by Supervisor Tyler, seconded by Councilman
Geisler to file and publish a Draft
Generic Environmental Impact Statement regarding proposed Town of Ellicott
Local Law #1-02 to revise certain sections of the Town of Ellicott code. (see
‘Local Law #1-02’ file for detail)
Adopted. Ayes – 4 Noes - 0 Absent – 1
Drainage Problem in Bentley Ave. Area – Highway
Superintendent Shellhouse asked for permission to retain Engineer Rex Tolman to
prepare a study to address the drainage problems in the Bentley Ave. area. The Council authorized Mr. Shellhouse to
retain Mr. Tolman.
The Town Council cancelled its Regular
meeting scheduled for Feb. 18, 2002.
Renovation of Administration Building –
Supervisor Tyler reported that the renovations underway at the Ellicott Admin.
Bldg. will be completed within several weeks.
Renovation of Lyndon Blvd – Chautauqua Co. Senior Project Coordinator Rose Wightman updated the Town Council re the status of the Lyndon Park Road & Infrastructure Improvement Project (‘Minutes 1/17/01’ et. seq). She distributed a report listing the various estimated funding sources & amounts. Ms. Wightman stated that the total cost of the project would be approximately $828,415.00. She pointed out that the project would be partially funded with grant monies from New York State in the amount of $387,801.00. Although she expects the grant to be approved, Ms. Wightman informed the Council that the State has not made a firm commitment at the present time. Ms. Wightman went on to explain that Chautauqua Co. will contribute $182,080.00 to the project. Three property owners located within Lyndon Park will also contribute a combined $129,267.00. She requested that the Town of Ellicott contribute the remaining $129,267.00. In addition, Ms. Wightman noted that it would be necessary for the Town of Ellicott to appropriate the property owners’ portion of the project in advance. The owners will be required to repay the Town over a ten-year period. Ms. Wightman urged the Town to appropriate the monies. She stressed the importance of moving forward with the project in order to stimulate economic development. She noted that the design phase of the project is ready to be bid; and, furthermore, the funding needs to be secured within the next several weeks in order to ensure that the project will be completed in 2002. Councilman Lodestro recommended that the Council allocate its portion of the funds – contingent upon receiving the state funding.
RESOLUTION #44-02
Allocation of Funds (Lyndon Blvd.)
Motion by Councilman Lodestro, seconded by
Councilman Taylor to allocate the amount of $258,534.00 to the Lyndon
Park Road and Infrastructure Improvement Project contingent upon
the following:
1) Receiving
$387,801.00 for the project from the State of New York no
later than March 16, 2002;
2) Receiving
$129,267.00 over a period of ten (10) years by property owners BJB
of Western New York, Marcus C. Turner and Community Development;
3) That the first
payment by property owners shall be due the Town of Ellicott in January
2003. (See ‘Lyndon Blvd.
Reconstruction’ file for detail)
Adopted. Ayes – 4 Noes - 0 Absent – 1
Traffic Light on Fairmount Ave. at Sam’s Club – Councilman Geisler reported that he received a letter from Village of Celoron Trustee Pam Piazza requesting that the Town of Ellicott look into the possibility of installing a traffic light on Fairmount Ave. at Sam’s Club. Mr. Geisler asked Supervisor Tyler to draft a letter to the New York State Dept. of Transportation requesting that the DOT conduct a traffic study of Fairmount Ave.
Water Service on Camp St. Ext. – The Council directed Town Clerk Erlandson to send a letter to each Camp St. Ext. resident (i.e. east of Swanson Rd.) to determine how many are interested in receiving municipal water service. The letters will be returned to the Clerk’s office for review.
Water Service on Orchard Rd. – Tabled pending further
review.
NEW BUSINESS
RESOLUTION #45-02
Advertise for Bids (Highway Materials & Services)
Motion by Councilman Lodestro, seconded by Supervisor Tyler authorizing the Town of Ellicott Highway Superintendent to solicit bids for highway materials and services; bids to be returned no later than April 1, 2002.
Adopted. Ayes – 4 Noes - 0 Absent – 1
RESOLUTION #46-02
Budget Appropriations & Encumbrances
Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing Town
of Ellicott Supervisor to make the following encumbrances for fiscal
year 2002:
Encumber the amount of $35,000.00 into Account
#A6460.4 (Economic Development); encumber the amount of $1,949.39 into Account
#A1680.2 (Data Processing – Equipment); encumber the amount of $10,898.51 into
Account #A3120.1 (Police – Personal Services); encumber the amount of $775.27
into Account #A3120.2 (Police – Equipment); encumber the amount of $7,577.80
into Account #A3120.4 (Police – Contractual); encumber the amount of $9,540.15
into Account #A3120.9 (Police – DWI); encumber the amount of $1,148.19 into
Account #B3620.4 (Safety Inspection – Contractual); encumber the amount of
$3,905.32 into Account #DB5142.4 (Snow Removal – Contractual); appropriate the amount of $20,000.00 into Account #A601
(Accrued Liability for Future Sick Pay); appropriate the amount of $20,000.00
into Account #DB601 (Accrued Liability for Future Sick Pay).
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #47-02
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2002 current claims #61-122, inclusive,
in the amount of $77,679.67 and charge to the proper fund or account.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #48-02
Convene Executive Session (Lee v. Town of Ellicott)
Motion
by Councilman Lodestro, seconded by Supervisor Tyler to Convene Executive Session for the purpose of discussing pending
litigation re Lee v. Town of Ellicott.
8:40 – 9:10 PM
Adopted. Ayes - 4 Noes - 0 Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 9:10 PM.
Carried. Ayes - 4 Noes - 0 Absent - 1
_________________________________
Michael C. Erlandson, Town Clerk