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

March 4, 2002 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Police Chief Vanstrom, Code Enforcement Officer Woodbury.

 

Absent: Councilman Lodestro.

 

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

 

Motion by Councilman Taylor, seconded by Councilman Geisler to accept the minutes of the February 4, 2002 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                               Noes - 0                                Absent - 1

 

                PRIVILEGE OF THE FLOOR

 

Mr. Ben Haskins, 1982 Peck-Settlement Rd., commented on the proposed code revisions currently being considered by the Ellicott Town Council.  He recommended that certain language in proposed Section 146-13E be amended.  The Council discussed Mr. Haskins recommendation.

 

RESOLUTION #49-02
Amend Proposed Code Revisions

 

Motion by Councilman Taylor, seconded by Councilman Geisler to amend Section 146-13E of proposed Town of Ellicott Local Law #1-02 revising the Town of Ellicott Code.

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notification of the upcoming Annual So. Tier West Local Gov’t. Conference.

2.      Newsletter: Chautauqua County Soil & Water Conservation District.

3.      Newsletter: Chautauqua Co. Planning.

4.      Falconer Fire Dept. Incident Report: December 2001.

5.      Police Activity Report: January 2002.

TOWN OFFICERS’ REPORTS

 

Councilman Geisler reported that the Celoron/West Ellicott Senior Citizens’ organization has asked the Town of Ellicott for a monetary donation.  The Council will consider the request.

 

Supervisor Tyler reported that Town of Ellicott Court Clerk Elizabeth Ribaudo retired on March 1, 2002.  Mr. Tyler thanked Mrs. Ribaudo for her 31 years of excellent service to the Town of Ellicott Court.

 

Mr. Tyler also reported that officials from the Southern Tier West Regional Planning and Development Board have asked Village of Celoron Mayor Richard Slagle to serve on the STW Board of Directors.  Councilman Geisler stated that, in his opinion, it is important to have a representative of the Town of Ellicott on the STW Board.  Mr. Tyler explained that the Board meets once a month on Thursday afternoons.  He noted that Mr. Slagle works for the Ellicott Highway Dept. & would have to take time off to attend the Board meetings.  The Council discussed whether to pay Mr. Slagle his regular Town of Ellicott wages when he attends the meetings.  The Council decided that Mr. Slagle could not be paid due to contractual concerns involving the Labor Agreement between the Highway employees and the Town of Ellicott.

 

OLD BUSINESS

 

Agreement w/ Chautauqua County (Airport Sewer Line) – Tabled pending further review.

 

Burtis Bay Milfoil Problem – Councilman Geisler expressed his disappointment that New York State & Chautauqua Co. have not taken the lead in regards to the milfoil problem in Burtis Bay.  Mr. Geisler feels that the state and county should have provided more assistance to the Town in cleaning up the milfoil.

 

RESOLUTION #50-02

Declaration of Lead Agency (Herbicide Application in Burtis Bay)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor establishing the Town of Ellicott as Lead Agency in accordance with Article 8 of the New York State Environmental Quality Review Act (SEQRA) in regards to the environmental review of the proposed application of herbicide to approximately 74 acres of Chautauqua Lake in the Burtis bay area and; further, that a Notice of Lead Agency be filed with the New York State Department of Environmental Conservation and other interested parties.  (see ‘Burtis Bay Weed Eradication’ file for detail)

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

RESOLUTION #51-02

Mail Lead Agency Status to N.Y. State Officials

 

Motion by Councilman Geisler, seconded by Supervisor Tyler directing the Ellicott Town Clerk to mail a copy of Resolution #50-02 and a letter to New York State Senator Patricia McGee, N.Y. State Assemblywoman Cathy Young, N.Y. State Assemblyman William Parment and Chautauqua Co. Executive Mark Thomas expressing the Ellicott Town Council’s disappointment that New York State and Chautauqua County have not done more to address the milfoil problem in Burtis Bay.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

Renovation of Administration Building – Building Project Coordinator Allan Hendrickson reported on the status of the renovations at the Ellicott Administration Bldg.  He stated that the project has been completed except for several minor matters.  Mr. Hendrickson stated that the total cost of the project was $479,085.00.  He explained that the total cost is $18,914.00 less than anticipated.  He also presented a set of design plans re proposed improvements to Town of Ellicott Court.  He stated that the preliminary cost estimate for the proposed court is $7,600.00. 

 

RESOLUTION # 52-02

Advertise for Bids (Court Improvements)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to solicit bids for the proposed improvements to the Town of Ellicott Court.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

RESOLUTION #53-02

Schedule Special Meeting (Code Revisions)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Special Town Council Meeting for March 7, 2002 at 12:00 noon to vote on proposed Town of Ellicott Local Law #1-2002 revising the Town of Ellicott code.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

New Chairs For Town Board Room – The Town Council directed Town Clerk Erlandson to purchase nine (9) new chairs for the town of Ellicott Board Room.

 

RESOLUTION #54-02

Renewal of Town Insurance

 

Motion by Councilman Miller, seconded by Councilman Geisler to accept a proposal from Slone-Melhuish Insurance, Jamestown, New York to provide comprehensive liability insurance to the Town of Ellicott for the year beginning March 2, 2002 and terminating March 1, 2003 at a cost to the Town of Ellicott of $76,120.00.  (see ‘Insurance’ file for detail)

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

Renovation of Lyndon Blvd – Tabled pending further review of funding sources.

 

Water Service on Camp St. Ext. Town Clerk Erlandson reported that 60% of the residents on Camp St. Ext. (east of Swanson Rd.) are in favor of receiving municipal water service while 40% are opposed.  Mr. Erlandson referred the Council to a letter from Attorney Gregory Yaw re the matter.  In the letter, Mr. Yaw expressed concern that 60% is not a large enough of a majority for the Town to proceed with the project.  Mr. Erlandson added that he discussed the matter over the telephone with Councilman Lodestro.  Mr. Lodestro recommended that the Town not move forward with the project at the present time.  He will look into the matter further upon his return from vacation.  Tabled until further notice.

 

Water Service on Orchard Rd. Supervisor Tyler reported that he met with Town of Busti Supervisor Dale Robbins re the possibility of sharing services and costs for the installation of municipal water service to Orchard Rd.  The Council authorized Engineer Rex Tolman to meet with Town of Busti officials to discuss the matter in more detail.

 

Traffic Light on Fairmount Ave. at Sam’s Club – Supervisor Tyler reported that a representative of the New York State Dept. of Transportation has received a letter from Town of Ellicott officials re unsafe traffic conditions on Fairmount Ave. in front of Sam’s Club & Tanglewood Manor.  He stated that the DOT would take the matter under consideration.

 

NEW BUSINESS

 

Petition for Water Service (Royal Oaks) – Town Council reviewed a petition from four (4) residents of Royal Oaks Blvd. requesting municipal water service.  Councilman Taylor will meet with the four residents to discuss the request.

 

RESOLUTION #55-02

Purchase of New Police Car

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the Ellicott Police Chief to purchase a new patrol car for the Town of Ellicott Police department at the New York State contract price of $16,690.00.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

RESOLUTION #56-02

STOP-DWI Contract

 

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the Town of Ellicott Supervisor to sign a contract between the Town of Ellicott and Chautauqua County regarding STOP-DWI services for fiscal year 2002.  (see ‘STOP-DWI’ file for detail)

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

 

RESOLUTION #57-02

Retain Tree Removal Service

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to retain Taylor Tree Service to perform tree removal operations within the Town of Ellicott at a cost not to exceed $9,000.00.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

RESOLUTION #58-02

Budget Appropriations & Encumbrances

 

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

 

Appropriate the amount of $80,000.00 into Account #DB5130.2 (Machinery - Equipment); transfer the amount of $534.00 from Account #A1110.4 (Justice – Contractual) to Account #A1110.2 (Justice – Equipment); transfer the amount of $24,670.80 from Account #A1110.1 (Justice – Personal Services) to Account #A601 (Accrued Liability for Accumulated Sick Pay).

 

Adopted.                                 Ayes - 4                                Noes - 0                         Absent - 1

 

            RESOLUTION #59-02

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2002 current claims #123-272, inclusive, in the amount of $125,946.50 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 4                               Noes - 0                           Absent - 1

 

Motion by Supervisor Tyler, seconded by Councilman Miller to adjourn at 7:47 PM.

 

Carried.                                  Ayes - 4                                Noes - 0                          Absent - 1

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk