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

August 15, 2001 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Attorney Duncanson, Code Enforcement Officer Woodbury, Legislator Spicer.   Absent: Highway Superintendent Shellhouse.

 

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.

 

APPROVAL OF MINUTES

 

Motion by Councilman Lodestro, seconded by Councilman Miller to accept the minutes of the August 1, 2001 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

PRIVILEGE OF THE FLOOR

 

Mr. Charles Hodges, Horton Rd., expressed his concerns about the Town of Ellicott’s policy concerning the construction of cellular towers.  He noted that the Ellicott Zoning Board of Appeals recently approved the construction of a cellular tower on Eckman Rd.   Mr. Hodges asked the Town Council to impose a six-month moratorium on the construction of future towers.  In his opinion, such a moratorium would give the Council time to study the matter and possibly enact legislation governing the regulation of cellular towers.

               

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notification of liquor license renewal at The Apple Inn, Old Fluvanna Rd.

2.      Notice of upcoming planning & zoning seminar to be held in October 2001.

3.      Police Activity Report: May 2001.

4.      Falconer Fire Incident Report: March 2001-June 2001.

 

TOWN OFFICERS’ REPORTS

 

Code Enforcement Officer Woodbury commented on the revised New York State Fire & Building Code that takes effect on Jan. 1, 2002.

 

Mr. Woodbury reported that he issued a “stop work” order re excavation operations on a property located on S. Work St.  He noted that the property owner has applied for a special use permit and will appear before the Ellicott Zoning Board of Appeals in Sept. 2001.

Councilman Hendrickson asked the Council for permission to attend a seminar at Southern Tier West Regional Planning Board in Salamanca.  The cost of the seminar is $30.00.  The Council approved Mr. Hendrickson’s request.

 

Attorney Duncanson reported that he sent a letter to the attorney for Moonbrook Country Club concerning a property tax issue.

 

Supervisor Tyler reported that he attended a Falconer Village Board of Trustees meeting on Aug. 13, 2001.  He noted that the Village Board approved the purchase of a new fire truck for the Falconer Fire Dept.

 

OLD BUSINESS

 

Lyndon Blvd. Reconstruction Project - Tabled until further notice. 

 

Feasibility Study (Water & Sewer Service on Fluvanna Ave. Ext.) – Engineer Rex Tolman presented a cost proposal for the preparation of a Preliminary Engineering Report concerning the possible installation of water and sewer service in the Fluvanna area. The cost of preparing the report would be $14,600.00.  Mr. Tolman explained what the report would include.  He noted that the study would outline several possible alternatives for installing the service.  The Council asked a number of questions re the study and expressed concerns about the cost of the report.  The Council decided not to conduct the preliminary report until after an informational meeting with property owners in the Fluvanna area is held.  Instead, Mr. Tolman was directed to determine the approximate cost of installing water & sewer service.  Upon receiving the estimate, the Council will schedule the informational meeting.

 

RESOLUTION #110-01 

Preparation of Cost Estimate (Water & Sewer Service on Fluvanna Ave. Ext.)

 

Motion by Supervisor Tyler, seconded by Councilman Hendrickson authorizing Bacik-Karpinski Associates Inc. to prepare a cost estimate for the installation of water and sewer service in the Fluvanna Ave. Ext. (Rte. 430) area at a cost to the Town of Ellicott of approximately $1,000.00.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Renovation of Administration Building – Councilman Hendrickson reported that asbestos abatement in preparation for the renovation of the Ellicott Administration Bldg. will commence in Sept. 2001.  He also reported that the Town has still not received a revised bid re the cost of electrical upgrades to the Ellicott Administration Bldg.  However, he expects to receive the revised bid soon.  Mr. Hendrickson recommended that the Town Supervisor sign contracts for the other renovations.

 

RESOLUTION #111-01

Sign Contracts for Renovation of Administration Building

 

Motion by Councilman Hendrickson, seconded by Councilman Lodestro authorizing the Ellicott Town Supervisor to sign contracts with King’s Heating & Sheet Metal Inc., MCS Remedial Services Inc., RD Controls & Mechanical LLC and Remco Construction Company Inc. for their services in conjunction with the renovation of the Ellicott Administration Building.   (see ‘Building Renovation’ file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

NEW BUSINESS

 

RESOLUTION #112-01

Authorize BAN (New Dump Truck)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the issuance of a Bond Anticipation Note in the amount of $76,800.00 for the purchase of a 2001 International Paystar with Dump Body for the Ellicott Highway Department.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #113-01

Ban Renewal (Water 1B)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the issuance and sale of a Bond Anticipation Note in the amount of $31,000.00 for the construction of a Water Supply and Distribution System for Water District 1B of the Town of Ellicott.  (see 'BAN' file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Moratorium on Cellular Towers – The Town Council discussed the Town of Ellicott’s policy concerning the construction of cellular towers in the Town of Ellicott.  Attorney Duncanson explained that the current Ellicott Code does not specifically address cellular towers.  He recommended that the Council place a six-month moratorium on the construction of cellular towers in order to study the issues involved.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for September 5, 2001 at 6:30 PM regarding a proposed moratorium on the construction of telecommunications towers within the Town of Ellicott.

           

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Amendment of Boundaries (Greater Jamestown Empire Zone) – The Council discussed a proposal to amend the boundaries of the Greater Jamestown Empire Zone (formerly the Greater Jamestown Economic Development Zone).

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for September 5, 2001 at 7:00 PM regarding an amendment to the boundaries of the Greater Jamestown Empire Zone.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #114-01

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 $8,602.65 from Account #A1990.4 (Contingency) into Account #A1420.4 (Attorney – Contractual); transfer the amount of $629.76 from Account #A1990.4 (Contingency) into Account #A1680.4 (Data Processing – Contractual); transfer the amount of $12.80 from Account #A1990.4 (Contingency) into Account #A6989.4 (Economic Development – Contractual).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

            RESOLUTION #115-01

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Taylor, to pay current claims 948-998, inclusive, in the amount of $56,718.20 and charge to the proper fund or account.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #116-01

Convene Executive Session (Pending Litigation: Smith)

 

Motion by Councilman Lodestro, seconded by Councilman Hendrickson to Convene Executive Session for the purpose of discussing personnel matters involving non-contractual Town of Ellicott employees.

 

Adopted.                                 Ayes - 4                               Noes - 1                           Absent - 0

            (Councilman Miller Voted No)

 

Motion by Councilman Miller, seconded by Supervisor Tyler to adjourn at 8:51 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk