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 15, 2002 at 7:00 P.M.

 

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

 

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 April 1, 2002 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

PRIVILEGE OF THE FLOOR

 

Mr. Dominic Bellardo, 2341 Lewis St. asked about the status of a drainage problem involving his property.  Highway Superintendent Shellhouse explained that he and Engineer Rex Tolman are looking into the matter.  The Council directed Mr. Shellhouse to try and resolve the problem.

   

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.      Notice re upcoming training seminars.

3.      Letter re an upcoming teleconference on avoiding conflicts of interest.

 

TOWN OFFICERS’ REPORTS

 

Town Clerk Erlandson reported that the Chautauqua County Health Dept. will be conducting a free dog and cat rabies vaccination clinic on April 29, 2002.

 

OLD BUSINESS

 

RESOLUTION #77-02

Accept Bids (Highway Materials & Services)

 

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

 

                        Griffith Oil – Unleaded Gasoline

                        Lictus Keystone – Diesel Fuel

                        Waterboro Gravel Products – Gravel Products

Hy-Banks/Corbett Hill - Washed Gravel & Stone

                       

Adopted.                            Ayes - 5                                 Noes - 0                              Absent - 0

 

Burtis Bay Milfoil Problem – The Town Council reviewed Part II of an Environmental Assessment Form (EAF) re the application of herbicide to approximately 74 acres of Chautauqua Lake in the Burtis Bay area.

 

RESOLUTION #78-02
Negative Declaration (Herbicide Application in Burtis Bay)

 

Motion by Supervisor Tyler, seconded by Councilman Geisler declaring that a proposed herbicide application to a section of Chautauqua Lake in the Burtis Bay area will have no significant impact on the environment.  (see ‘Burtis Bay Weed Eradication’ file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #79-02
Sign Herbicide Application Agreement (Burtis Bay)

 

Motion by Councilman Taylor, seconded by Councilman Geisler authorizing Supervisor Tyler to sign and submit a permit application to the New York State Department of Environmental Conservation to use aquatic herbicides in a section of Chautauqua Lake in the Burtis Bay area.  (see ‘Burtis Bay Weed Eradication’ file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Renovation of Lyndon Blvd – Councilman Lodestro reported that bids for the Reconstruction of Lyndon Blvd. will be opened on April 18, 2002 at 2:00 PM.

 

RESOLUTION #80-02
Bond Resolution (Lyndon Park Sewer)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the issuance of not exceeding $131,250.00 serial bonds of the Town of Ellicott, New York to pay the cost of the increase and improvement of the facilities in the Lyndon Blvd. Sewer service area.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #81-02
Bond Resolution (Lyndon Park Water)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the issuance of not exceeding $46,848.00 serial bonds of the Town of Ellicott, New York to pay the cost of the increase and improvement of the facilities in the Lyndon Blvd. Water service area.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Water Service on Orchard Rd.Town Clerk Erlandson reminded the Council that an Informational Meeting will be held on April 17, 2002 at 7:00 PM to discuss expanding municipal water service to Orchard Rd. 

 

NEW BUSINESS

 

RESOLUTION #82-02

Grant Application (Justice Court Assistance)

 

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the Town of Ellicott Supervisor to sign a grant application for the Justice Court Assistance Program for the purpose of upgrading automation resources at the Town of Ellicott Court offices.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Employment Contract w/ Valerie Pierce – The Town Council reviewed a draft of a proposed employment contract with Town of Ellicott employee Valerie Pierce.  Town Attorney Lasker explained that the proposed contract would secure Valerie’s employment with the Town of Ellicott until 2012.  The Council discussed the proposed contract.  Tabled pending further review.  Supervisor Tyler designated a committee to review non-union labor practices in the Town of Ellicott.  Councilmen Geisler & Miller will serve on the committee.

 

RESOLUTION #83-02

Sale of Highway Dept. Equipment

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the Ellicott Highway Superintendent to sell used equipment at an upcoming auction to be held in Gerry, New York.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Petition for Water Service (Camp St. Ext.) – Councilman Lodestro reported that the Ellicott Town Clerk received a petition from sixteen (16) residents of Camp St. Ext. east of Swanson Rd.  The petition requests the Town of Ellicott to provide municipal water service to the area.

 

RESOLUTION #84-02

Retain Engineer (Camp St. Water Service)

 

Motion by Councilman Lodestro, seconded by Supervisor Tyler to retain an engineer in the matter of expanding municipal water service to a section of Camp St. Ext. east of Swanson Rd.; and, further, that the cost of preparing the engineering study shall be assessed upon the properties which are to be benefited by water service.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #85-02

Budget Transfer

 

Motion by Supervisor Tyler, seconded by Councilman Miller to transfer the amount of $3,804.39 from Account #A9010.8 (Retirement) to Account #A1680.2 (Data Processing – Equipment)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #86-02

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2002 current claims #412-512, inclusive, in the amount of $68,031.94 and charge to the proper fund or account.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #87-02

Convene Executive Session (Lee v. Town of Ellicott)

 

Motion by Councilman Lodestro, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing pending litigation re Lee v. Town of Ellicott.    8:05 – 8:35 PM

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Motion by Councilman Miller, seconded by Councilman Taylor to adjourn at 8:35 PM.

 

Carried.                              Ayes - 5                               Noes - 0                               Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk