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

June 19, 2006 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Police Chief Ohnmeiss.

 

Absent: Councilman Geisler, Councilman Pickett.

 

Supervisor Tyler opened the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance.    Town Clerk Erlandson called the roll. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Heintzelman, seconded by Councilman Miller to accept the minutes of the June 7, 2006 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 3                               Noes - 0                                Absent - 2

           

PUBLIC HEARING (Local Law #2-2006: Extend Renewal Periods)

 

Supervisor Tyler opened a Public Hearing on proposed Local Law #2-2006 allowing the Ellicott Zoning Board of Appeals to extend the renewal periods of special use permits.  The following public comments were heard:

 

Mr. Brad Lawson, Tanglewood Manor, stated that Tanglewood officials are in favor of the Local Law.  In their opinion, it would provide some relief to local businesses.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to close the Public Hearing at 7:04 PM.

 

Carried.                              Ayes - 3                               Noes - 0                               Absent - 2

 

PUBLIC HEARING (Conveyance of Road: Homestead Ave.)

 

Supervisor Tyler opened a Public Hearing concerning the termination of any and all public highway rights to a 100x50 foot section of Homestead Ave. south of Glenwood Ave. and; further, to convey this parcel by ‘quit-claim’ deed to Town of Ellicott Water District #1.  Mr. Tyler explained that it is necessary to convey this portion of the ‘paper street’ to the Water District before work can proceed on a proposed new water pump station (Minutes 10/3/05 et. seq.).  No public comments were heard.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to close the Public Hearing at 7:05 PM.

Carried.                              Ayes - 3                               Noes - 0                               Absent - 2

 

PRIVILEGE OF THE FLOOR

 

Rich Hartman, 240 Howard Ave. asked about the status of the proposed water pump station in the School Ave. Area.

 

CORRESPONDENCE

 

         Town Clerk Erlandson read the following items into the record:

        

1.     Copy of a letter from Marshall Carlson, 2205 Swanson Rd. to New York State elected officials objecting to the property re-assessment process in NY State.

2.     Notification of liquor license renewal: Ashley’s Lounge, 2800 N. Main St.

3.     Notice of an upcoming Public Hearing re the proposed runway safety project at the Chautauqua County Airport.

4.     Letter from the NY State Dept. that Town of Ellicott Local Law #1-2006 has been received & filed.

5.     Notice from the Chautauqua Co. Dept. of Finance re property tax foreclosures.

6.     Notice re an upcoming Regional Leadership Academy sponsored by the Southern Tier West Regional Planning & Development Board.

7.     Newsletter: Chautauqua Co. Chamber of Commerce.

8.     Newsletter: Community Watershed Conservancy.

9.     Falconer Fire Dept. Incident Report: April 2006.

 

TOWN OFFICERS’ REPORTS

 

Councilman Miller reported that the Ellicott Information Technology Committee has decided to retain Kelsey Braun as a computer technician/consultant.  Mr. Miller explained that Mr. Braun’s services would only be utilized on an “as-needed” basis.  He added that Mr. Braun would be paid $40.00 per hour & noted that monies are currently allocated for a computer technician in the 2006 budget.

 

Councilman Heintzelman reported on the status of a code enforcement matter involving the right-of-way at the southern end of Fluvanna-Townline Rd. at Chautauqua Lake.  He noted that the Town of Ellicott & the Town of Ellery share access to the right-of-way.  He explained that a Town of Ellery resident has allegedly been restricting access to the right-of-way.  He reported that the property was recently surveyed which should help alleviate the problem as well as make enforcement easier for the Ellicott Police Dept.

 

Town Clerk Erlandson reported that he has scheduled a free rabies vaccination clinic.  It will be held at the Ellicott Highway Garage on Thursday July 13, 2006 from 6:00 - 8:00 PM.

 

Mr. Erlandson also reported that the NYS Dept. of Transportation will be conducting a Public Hearing on Tuesday, June 27, 2006 at 10:30 AM re the closure of the Wicks Ave. railroad crossing.

 

Mr. Erlandson also reported that the Town of Ellicott will be taking part in the Summer Youth Work Experience Program sponsored by Chautauqua Works.  He explained that the program provides young adults with work experience.  He added that the program is funded by Chautauqua Works.  Consequently, there would be no cost to the Town.  Mr. Erlandson stated that the Town has requested three (3) workers – 2 for the Highway Dept. & 1 to work at the Administration Bldg.  The program begins on July 11, 2006 and continues for 7 weeks.

 

Mr. Erlandson also updated the Council on several public policy issues currently being reviewed by the Chaut. Co. Chamber of Commerce.

 

Highway Superintendent Shellhouse reported on the status of a drainage problem in the Bentley Ave. area.  He recommended that a drainage study be conducted to determine how to alleviate the problem.  The Council directed Mr. Shellhouse to obtain a price quote for the study.
 

OLD BUSINESS

 

RESOLUTION #59-06

Accept Bids (Gas & Diesel Fuel)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to accept (upon the recommendation of the Ellicott Highway Superintendent) the following bids for gas and diesel fuel:

 

                  NOCO Energy Corp. – Unleaded Gasoline

                  Lictus Keystone – Diesel Fuel

                                   

Adopted.                            Ayes - 3                                 Noes - 0                              Absent - 2

 

Dog Control Ordinance (Proposed)Tabled pending further review.

 

RESOLUTION #60-06

Adopt Local Law #2-2006 (Extend Renewal Periods)

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adopt Town of Ellicott Local Law #2-2006 providing for the following language to be added between the last and second-to-last sentences of paragraph 146-64G of the Town of Ellicott Code: “Subsequent to the first two-year period, the Ellicott Zoning Board of Appeals may, in its sole discretion, extend the renewal periods beyond two years”.  (see ‘Local Law #2-2006’ file for detail)

 

Adopted.                               Ayes - 3                              Noes – 0                             Absent - 2

 

Vacancy on Planning Board – Town Clerk Erlandson reminded the Council that Michael Mogenhan, 67 School Ave. recently resigned from the Ellicott Planning Board.  Mr. Erlandson reported that he contacted a number of potential candidates to fill the position.  He stated that several are interested.  Tabled until the July 17, 2006 meeting.

 

RESOLUTION #61-06

Conveyance of Road (Homestead Ave.)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to convey any and all public highway rights to a 100x50 foot section of Homestead Ave. south of Glenwood Ave. by ‘quit-claim’ deed to Town of Ellicott Water District #1. 

 

Adopted.                               Ayes - 3                              Noes – 0                             Absent - 2

 

Water Pump Station on School Ave. – Highway Superintendent Shellhouse reported that the permit is being prepared for the proposed construction of a water pump station in the School Ave. area.  As soon as a section of Homestead Ave. has been conveyed to Water District #1 (Resolution #61-06) the project can move forward.  Mr. Shellhouse expects construction of the pump station to get underway later this summer.

 

NEW BUSINESS

 

RESOLUTION #62-06

Hire Part Time Police Officer (Sorenson)

 

Motion by Councilman Miller, seconded by Councilman Heintzelman appointing Jason A. Genberg, 1130 Spencer Road, Jamestown, New York as a part time Town of Ellicott Police Officer, effective June 19, 2006, at a starting rate of pay of $11.56 per hour and subject to a one-year probation.

 

Adopted.                               Ayes – 3                              Noes - 0                             Absent - 2

 

RESOLUTION #63-06

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2006 current claims #634-686, inclusive, in the amount of $62,969.31 and charge to the proper fund or account.

 

Adopted.                             Ayes - 3                               Noes - 0                               Absent - 2

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:27 PM.

 

Carried.                              Ayes - 3                               Noes - 0                               Absent - 2

 

 

 

                                                               _________________________________

                                                                 Michael C. Erlandson, Town Clerk