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

April 4, 2001 at 6:00 P.M.

 

Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Miller, Councilman Taylor, Deputy Town Clerk Pierce, Highway Superintendent Shellhouse, Attorney Duncanson, Police Chief Vanstrom, Legislator Huckno.

 

Absent: Town Clerk Erlandson.

 

Supervisor Tyler opened the meeting at 6:00 and led the Town Council in the Pledge of Allegiance.  Deputy Town Clerk Pierce called the roll.

 

APPROVAL OF MINUTES

 

Motion by Councilman Taylor, seconded by Councilman Miller to accept the minutes of the March 21, 2001 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

 

PUBLIC HEARING (Renovation of Town Hall)

 

Supervisor Tyler opened a Public Hearing regarding a proposed $498,000.00 renovation project at the Town of Ellicott Administration Building.  The following public comments were heard:

 

Mr. David Walter, Habiterra Associates, reviewed the renovation plan as designed by his company.  He distributed written material re the plan to each Council member & commented on several aspects of the proposal.  Mr. Walter stated that he recently prepared a revised plan involving only the installation of an elevator & new restrooms.  The estimated cost of the new proposal would be $367,575.00.

 

Village of Celoron Mayor, Mr. Richard Slagle, asked how the proposed renovations would affect the Falconer Senior Citizens who conduct meetings at the Community Center located within the Administration Building.  The Town Council assured him that the senior citizens would still be able to utilize the center.  Mr. Slagle also expressed his concern about how the renovations will affect voting procedures during elections.  He pointed out that four Town of Ellicott election districts currently utilize the Community Center as a polling place.  Mr. Slagle asked if any alternative renovation plans have been explored.  He asked a number of questions concerning how the renovations will be financed.  He noted that in accordance with permissive referendum regulations, petitions have been circulating throughout the Town of Ellicott requesting that the Council conduct a public referendum on the renovation project.  According to Mr. Slagle, enough signatures have already been obtained to mandate a public referendum on the project.  He asked the Council to rescind Resolutions #50-01 & #51-01 (March 7, 2001) authorizing the project.

 

Mr. Ben Haskins, 1982 Peck-Settlement Rd., believes that a public referendum should be held re the proposed renovations.

 

Mr. Anthony Marra, 501 N. Work St., Falconer, feels that a public referendum should be held re the building proposal.  He noted that state and federal aid might be available to help finance the building project.  Mr. Marra also stated that he is opposed to moving the Village of Falconer offices to the Ellicott Administration Building. 

 

Chautauqua County Legislator, Mr. Wally Huckno, Ellicott District 10, asked the Town Council to reconsider moving ahead with the renovations.  He is concerned that the project will cause property taxes to increase.

 

Mr. Carl Kirschler, 127 N. Ralph Ave., Falconer, stated that he is opposed to the renovation project.  He feels that property taxes are already too high.  He asked that a public referendum be conducted before proceeding with the renovations.

 

Mr. William Schwan, 39 Mason Ave., Falconer, stated his opposition to relocating the Village of Falconer offices to the Ellicott Administration Building.

 

Supervisor Tyler clarified that there are no immediate plans to relocate the Village offices at Town Hall.  He explained that a joint committee has been formed to look into the possible sharing of services between the Village & the Town.  He stated that the committee will examine the feasibility of combining the Village and Town administrations.

 

Councilman Lodestro stated that the Town Council is very concerned about property taxes.  However, he feels that certain upgrades must be made to the Administration Building in order to comply with American with Disabilities Act (ADA) regulations.

 

Village of Celoron Trustee, Mr. Warren Gertsch, expressed his dissatisfaction that the Town Council did not hold a Public Hearing before the March 7, 2001 resolutions were adopted.  He urged the Council to rescind the resolutions.

 

Mayor Slagle agreed that the building must be in compliance with ADA regulations.  However, he feels that other proposed renovations are unnecessary.  In his opinion, the Town should proceed only with the ADA upgrades.

 

Mr. Kevin Smith, W. Oak Hill Rd., feels that the Council is forcing the renovation project on the public.  He stated that he is opposed to raising property taxes to finance the project.

 

Mr. Walters displayed a drawing of the proposed floor plan.

 

Supervisor Tyler closed the Public Hearing at 6:48 P.M.  The Council recessed until 7:05 P.M.

 

                PRIVILEGE OF THE FLOOR

               

Mr. Neil Trainor, 15 Elmwood Ave. WE, commented on the proposed Lyndon Blvd. reconstruction project.  In his opinion, the Town of Ellicott cannot afford the expenditure required for its share of project.  He urged the Town Council to consider the matter carefully before proceeding with the project.  Councilman Lodestro & Supervisor Tyler responded to Mr. Trainor’s concerns.  They explained that the Town’s expenditure is dependent upon receiving grant monies.

 

CORRESPONDENCE

 

            Deputy Town Clerk Pierce read the following items into the record:

 

1.      Letter from Falconer Public Library thanking the Ellicott Town Council for its continued support.

2.      Notice re Annual Southern Tier West Local Government Conference to be held May 10, 2001.

3.      Notice re upcoming teleconference on Personnel Management and Civil Service.

4.      Police Activity Report: March 2001.

 

TOWN OFFICERS’ REPORTS

 

Councilman Lodestro reported that he & Councilman Miller recently met with the Jamestown Economic Development Zone re the proposed Lyndon Blvd. reconstruction project.  He stated that the Town of Ellicott will be required to perform some “in-kind” engineering work in conjunction with the project.

 

Councilman Hendrickson reported that he attended a training session in West Virginia re the new community GIS software.  (See minutes, March 7, 2001)

 

OLD BUSINESS

 

Presentation: Consolidation of Town Court – Tabled until the April 18, 2001 meeting.

 

RESOLUTION #70-01

Rescind Resolution #50-01 re Building Renovation Project

 

Motion by Councilman Miller, seconded by Supervisor Tyler to rescind Town of Ellicott Resolution #50-01 (March 7, 2001) concerning the renovation of the Ellicott Administration Building.

 

Adopted.                             Ayes - 5                                 Noes - 0                            Absent – 0

 

Renovation of Administration Building – The Town Council discussed the proposed renovation of the Ellicott Administration Building.  Supervisor Tyler will look into alternative ways to finance some of the renovations.  Attorney Duncanson suggested the Council conduct a work session re the matter.

 

Buffalo-Willard Water Service – Highway Superintendent Shellhouse reported that construction of the new water line in the Buffalo St. Ext.-Willard St. Ext. should be completed next week.

 

RESOLUTION #71-01

Accept Bids (Highway Materials & Services)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to accept (upon the recommendation of the Ellicott Highway Superintendent) the following bids for highway materials and services:

 

                        Griffith Oil - Diesel Fuel

                        Lictus Keystone - Unleaded Gasoline

                        Southern Tier Municipal & Construction Supply Co. - Pipe (State Contract)

                        Barmore-Sellstrom Inc. - Tires (State Contract)

Chautauqua County Bid – Ready Mix Concrete, Nova Chip & Bituminous 

                                           Concrete (Hot Mix Macadam)

Midland Asphalt – Bituminous Liquid Asphalt

                        Buffalo Crushed Stone - Slag & Limestone

                        Hy-Banks/Corbett Hill - Crushed/Washed Gravel, Screened Gravel

                       

Adopted.                            Ayes - 5                                 Noes - 0                              Absent - 0

 

NEW BUSINESS

 

Advertise for Bids (Sweeper) – The Town Council authorized the Ellicott Highway Superintendent to advertise for bids for a new street sweeper.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOULTION #72-01

Appoint Part Time Police Officer (Trippi)

 

Motion by Supervisor Tyler, seconded by Councilman Hendrickson appointing Tera Trippi, Jamestown, New York, as a part time Town of Ellicott police officer, effective April 18, 2001, at an hourly rate of $10.07 per hour and subject to a one-year probation.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

            RESOLUTION #73-01         

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 $443.22 from Account #A1680.1 (Data Processing – Personal Services) to Account #A1680.4 (Data Processing - Contractual).

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

            RESOLUTION #74-01

Payment of Claims

 

Motion by Councilman Taylor, seconded by Councilman Lodestro, to pay current claims 365-448 inclusive, in the amount of $45,903.95 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 4                               Noes - 0                          Absent – 0

(Hendrickson Abstained.)

 

RESOLUTION #75-01

Convene Executive Session (Possible Litigation re Buffalo-Willard Water Project)

 

Motion by Supervisor Tyler, seconded by Councilman Hendrickson to Convene Executive Session for the purpose of discussing pending litigation involving the Town of Ellicott v. Smith litigation and possible litigation involving a code violation.        7:38 – 8:30 PM

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Hendrickson, seconded by Supervisor Tyler to adjourn at 8:30 PM.

 

Carried.                                  Ayes - 5                                Noes - 0                          Absent - 0

 

 

                                                                                    _________________________________

                                                                                    Michael C. Erlandson, Town Clerk