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 18, 2002 at 7:00 P.M.

 

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

 

APPROVAL OF MINUTES

 

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

 

Carried.                             Ayes - 4                               Noes - 0                               Abstain - 1

                (Councilman Lodestro Abstained)

 

                PRIVILEGE OF THE FLOOR

 

Legislator Spicer updated the Town Council on the status of the proposed Jamestown Community College chargeback legislation.  He explained that the new legislation is under reviewed.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notice from the Falconer American Legion thanking the Town Council for its donation.

2.      Letter from the Falconer Public Library thanking the Town Council for its donation.

3.      Invitation to the Falconer Volunteer Firemen’s Annual Dinner to be held on Apr. 1, 2002.

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

5.      Notice from the New York State Dept. of State that Town of Ellicott Local Law #1-2002 has been received & filed.

6.      Newsletter: So. Tier West

7.      Newsletter: Chautauqua Co. Planning.

8.      Police Activity Report: February 2002.

 

TOWN OFFICERS’ REPORTS

 

Councilman Lodestro reported on a drainage problem in the Lewis St. – Camay St. area.  He asked the Town Council for permission to retain Engineer Rex Tolman to conduct a drainage study to address the problem.  The Council authorized Highway Superintendent Shellhouse to contact Mr. Tolman & obtain a cost estimate for conducting the study.

 

OLD BUSINESS

 

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

 

Burtis Bay Milfoil Problem – Supervisor Tyler reported that in accordance with Article 8 of the New York State Environmental Quality Review Act (SEQRA) an Environmental Assessment Form (EAF) has been filed with the N.Y. State Dept. of Environmental Conservation re the proposed application of herbicide to approximately 74 acres of Chautauqua Lake in the Burtis Bay area.  Mr. Tyler & Town Clerk Erlandson will conduct a teleconference on March 20, 2002 to discuss the EAF with a representative of the DEC.

 

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.  Mr. Tyler stated that Bacik-Karpinski Associates submitted a proposal to prepare a preliminary engineering study for the water service at a cost of $4,600.00.

 

RESOLUTION # 63-02

Retain Engineer (Engineering Study: Orchard Rd. Water Service)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to retain Bacik-Karpinski Associates for the purpose of preparing a preliminary engineering study for the proposed Orchard Road Water Service project at a cost to the Town of Ellicott of $4,600.00.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

Water Service (Royal Oaks) – The Town Council reviewed a petition recently received from four (4) Royal Oaks residents requesting that municipal water service be expanded to their area.  The Council discussed the feasibility of expanding the service & decided not to pursue the matter at the present time.  Town Clerk Erlandson was directed to send each resident a letter explaining the Council’s decision.

 

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).  Ms. Wightman explained that the original funding sources (Minutes 2/4/02) have changed.  She reported that the new funding sources are as follows: a grant in the amount of $288,000.00 through an Industrial Access Program (IAP) grant; an interest free IAP loan in the amount of $192,000.00; a Multi-Modal Program grant of $200,000.00.  She explained that she will prepare a final funding “breakout” report no later than April 1, 2002.  She also distributed a preliminary construction schedule for the project.  Ms. Wightman noted that the funding to be allocated by Chautauqua County, the Town of Ellicott & three Lyndon Blvd. property owners will remain the same.  She explained that a Public Hearing needs to be held before the project can move forward.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for April 1, 2002 at 7:00 PM regarding the proposed improvement of water and sewer facilities revisions on Lyndon Blvd.

 
Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

NEW BUSINESS

 

RSEOLUTION #65-02

Appointment of Full Time Police Officer (Von Reyn)

 

Motion by Supervisor Tyler. Seconded by Councilman Lodestro appointing Ethan E. Von Reyn, Jamestown, New York as a full time Town of Ellicott Police Officer, effective March 27, 2002 at a starting rate of pay of $35,693.00, subject to a one-year probation.

 

Adopted.                             Ayes - 4                               Noes - 1                               Absent - 0

(Councilman Taylor Voted No)

 

            RESOLUTION #66-02

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2002 current claims #273-354, inclusive, in the amount of $87,784.81 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #67-02

Convene Executive Session (Lee v. Town of Ellicott )

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to Convene Executive Session for the purpose of discussing pending litigation re Lee v. Town of Ellicott.    7:45 – 8:55 PM

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 8:55 PM.

 

Carried.                              Ayes - 5                                Noes - 0                              Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk