Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
April 18, 2001
at 6:00 P.M.
Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Duncanson, Legislator Spicer.
Supervisor Tyler opened the
meeting at 7:00 P.M. and led the Town Council in the Pledge of Allegiance. Town
Clerk Erlandson called the roll.
Motion
by Councilman Taylor, seconded by Councilman Lodestro to accept the minutes of
the April 4, 2001 meeting as presented by the Town Clerk.
PRIVILEGE OF THE FLOOR
Mr. Neil Trainor, 15 Elmwood Ave. WE,
commented on the proposed Lyndon Blvd. reconstruction project (minutes: 3/7/01,
3/21/01, 4/4/01). Mr. Trainor had
several questions re the resolution adopted by the Town Council on March 21,
2001 re the project. He cautioned the
Council to give the proposed project careful consideration before allocating
monies for the reconstruction.
Councilman Lodestro & Supervisor Tyler addressed Mr. Trainor’s
concerns.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal: Lena’s Pizza, 707 Fairmount Ave. WE.
2.
Notice
re the Annual Southern Tier West Local Government Conference to be held May 10,
2001.
3.
Notice
re a Public Hearing to be held in the Town of Busti on May 7, 2001.
4.
Notice
of an upcoming teleconference re personnel management & civil service.
5.
Newsletter:
Chautauqua County Watershed Conservancy.
TOWN OFFICERS’ REPORTS
Councilman
Miller reported that the Town of Ellicott-Village of Falconer committee on
shared services will meet on April 23, 2001.
Councilman
Taylor reported that the Fee Committee is reviewing the Town of Ellicott fee
schedule.
Mr.
Taylor also requested that the Town of Ellicott Zoning Commission be
reactivated. In his opinion, many
sections of the Ellicott zoning code need to be revised.
[Supervisor
Tyler activated the Ellicott Zoning Commission
consisting of Town of Ellicott Councilmen Hendrickson & Taylor, Ellicott
Code Enforcement Officer Woodbury, Ellicott Planning Board Chairman Daniel
Evans & Attorney William Wright.
The Zoning Commission was directed to review the Town of Ellicott Zoning
Code and recommend revisions. Mr. Tyler
appointed Councilman Hendrickson to serve as Chairman of the Zoning Commission.]
Councilman
Taylor also commented on attorney billing practices. Mr. Taylor feels that attorneys retained by the Town of Ellicott should
not be required to submit itemized bills.
In his opinion, itemized billing may, in some cases, violate
attorney-client privilege. In addition,
pending litigation may be compromised.
Mr. Taylor pointed out that the actual itemized bills will always be
filed in the attorneys’ offices if a councilman desires to review them. Attorney Duncanson concurred with Mr.
Taylor. The Council discussed the
matter and determined that, in the future, comprehensive, attorneys will no
longer be required to submit itemized invoices. The Council agreed that simple billing statements would be
sufficient for approval.
Councilman
Lodestro commented on the proposed Lyndon Blvd. reconstruction project. He stated that he recently met with Attorney
Gregory Yaw re the possibility of establishing special taxation districts in
the Lyndon Park area. This would give
the businesses in that area a means of paying their share of the reconstruction
costs. Mr. Lodestro recommended that
the Town Council retain Attorney Yaw to provide legal counsel re the proposed
Lyndon Blvd. project. He distributed a
proposed contract with Mr. Yaw for the Council to review.
Mr. Lodestro
also noted that he met with Jamestown BPU officials re the new Buffalo-Willard
water service area. He stated that
residents wanting to hook into the system would be required to hire a licensed
plumber. Mr. Lodestro reported that the
system is operational & that a number of residents are already receiving
water. He also noted that the
contractor will begin making property restorations within the next several
weeks.
Town Clerk
Erlandson reported that he attended a Grantsmanship Training School in Utica,
New York, on April 2-6, 2001. He stated
that the class was very informative. He
feels that certain topics taught at the school will be useful when preparing
future grants. Mr. Erlandson thanked
the Council for allowing him to attend the training school.
Mr.
Erlandson also reported that a free rabies clinic will be held at the Ellicott
Highway garage on April 30, 2001 from 5 – 8 P.M.
Highway
Superintendent Shellhouse reported that the annual tire “amnesty” program will
get underway in several weeks.
Mr.
Shellhouse also reported that the Ellicott Highway Dept. will be addressing a number
of drainage problems throughout the Town.
Consolidation of Town Court – Tabled pending further consideration.
Renovation of Administration Building – Tabled until the May 2, 2001 meeting.
NEW BUSINESS
RESOLUTION #76-01
Designation of Polling
Places
Motion by Supervisor Tyler,
seconded by Councilman Hendrickson designating the Town of Ellicott Polling
Places for 2001.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Bridge Repair (Old Fluvanna Rd.) –
Highway Superintendent Shellhouse reported that the bridge on
Old Fluvanna Rd. is in need of repair.
The approximate cost of
the repairs will be $102,000.00. Mr.
Shellhouse was directed to have the bridge inspected. The Council will then make a determination
on whether to proceed with the repairs.
Bridge Repair (Ninth St.) –
Highway Superintendent Shellhouse reported that repair of
the Ninth St. Bridge in Celoron is nearly finished. Approximately $8,000.00 will be needed to complete the repairs.
RESOLUTION #77-01
Retain
Attorney re Lyndon Blvd. Reconstruction (Yaw)
Motion by Supervisor Tyler, seconded by Councilman
Lodestro authorizing the Town of Ellicott Supervisor to sign an agreement to retain the
services of Attorney Gregory R. Yaw, Jamestown, New York, at a cost to the Town of Ellicott of $120.00 per hour for the
purpose of establishing special taxing districts in the Lyndon Boulevard
area. (see ‘Yaw, Gregory, Agreement
with’ file for detail)
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #78-01
Budget Transfers
Motion by Supervisor Tyler, seconded by Councilman Hendrickson authorizing
Town of Ellicott Supervisor to make the following budget transfers:
Transfer the amount of $709.05 from
Account #A1910.1 (Unallocated Insurance) to Account #A6989.4 (Economic
Development - Contractual); transfer the amount of $273.05 from Account
#A1910.1 (Unallocated Insurance) to Account #A1410.4 (Town Clerk –
Contractual); transfer the amount of $3,594.00 from Account #A1910.1
(Unallocated Insurance) to Account #A1680.2 (Data Processing – Equipment).
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #79-01
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor, to pay current claims 449-504 inclusive, in
the amount of $234,879.24 and charge to the proper fund or account.
Adopted. Ayes - 5 Noes - 0 Absent – 0
RESOLUTION #80-01
Convene Executive Session (Personnel: Gerace)
Motion
by Supervisor Tyler, seconded by Councilman Taylor to Convene Executive Session for the purpose of discussing a personnel
matter involving Ellicott Town Justice Marilyn Gerace. 8:23 – 9:00 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #81-01
Increase Salary (Gerace)
Motion by Councilman Taylor, seconded by Councilman
Hendrickson to increase the annual salary of
Ellicott Town Justice Marilyn Gerace to $9,713.50 pro-rated for
fiscal year 2001, effective immediately.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Councilman Lodestro, seconded by Councilman Taylor to adjourn at 9:02 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town
Clerk