Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
September 5,
2001 at 6:30 P.M.
Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Attorney Duncanson, Highway Superintendent Shellhouse, Code Enforcement Officer Woodbury, Legislator Spicer.
Supervisor Tyler opened the
meeting at 6:30 P.M. and led the Town Council in the Pledge of Allegiance. Town
Clerk Erlandson called the roll.
Supervisor Tyler opened a Public Hearing on
proposed Town of Ellicott Local Law #2-2001 regarding a moratorium on
telecommunications towers within the Town of Ellicott.
Town Clerk Erlandson read a
letter from the Chautauqua County Planning concerning the moratorium. No public comments were heard.
Motion by Supervisor Tyler,
seconded by Councilman Hendrickson to close the Public Hearing at 6:32
PM.
Motion
by Councilman Lodestro, seconded by Councilman Taylor to accept the minutes of
the August 15, 2001 meeting as presented by the Town Clerk.
Mrs. Virginia Barnes, 504 Central Ave.,
Falconer, expressed her concerns about the condition of the Ellicott Highway
Garage property located on E. Mosher St.
She stated that highway materials and equipment are scattered throughout
the property. In her opinion, they
constitute a safety hazard. She asked if
the town could construct a fence around the property. Councilman Lodestro & Highway Superintendent Shellhouse will
look into the matter.
Mr. Joe Galati, Palm Rd., expressed his concerns about the proliferation of cellular towers.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal at La Scala Restaurant, 3202 Fluvanna Ave.
Ext.
2.
Letter
from Chautauqua Co. Board of Elections announcing the appointment of Richard
Young, Celoron, as a new Town of Ellicott Voting Machine Custodian.
3.
Notice
from the New York Dept. of State the Town of Ellicott Local Law #8-2000 has
been received & filed.
4.
Newsletter:
Chautauqua Co. Soil & Water Conservation.
5.
Notice
of upcoming planning & zoning seminar to be held in October 2001.
TOWN OFFICERS’ REPORTS
Councilman
Lodestro reported that he will meet with Engineer Rex Tolman & Attorney
Greg Yaw on Sept. 7, 2001 to finalize costs for the recent installation of a
water distribution system in the Buffalo-Willard St. Ext. area.
Mr.
Lodestro also reported that Attorney Duncanson is reviewing proposed agreements
with non-contractual Town of Ellicott Employees
Town
Clerk Erlandson reported that Falconer Central School tax collection operations
are underway.
Supervisor
Tyler reported that a bus tour of the Metro Six area is scheduled for Sept. 15,
2001.
Mr.
Tyler also reported that the N.Y. State Comptroller’s Office has acknowledged
its receipt of his letter re remedial fiduciary measures. (See ‘Annual Report 2000’ file for detail)
RESOLUTION
#117-01
Adopt Local
Law #2-2001 (Moratorium on Telecommunications Towers)
Motion by Councilman Hendrickson, seconded by Councilman Miller to adopt Town of Ellicott Local Law #2-2001 placing a six-month moratorium on telecommunications towers within the Town of Ellicott. (see ‘Local Law #2-2001’ for detail)
RESOLUTION #118-01
Retain Attorney (Wright)
Motion by Hendrickson, seconded by Supervisor Tyler
to retain Attorney William Wright to research and review existing
regulations concerning telecommunications towers.
Renovation
of Administration Building – Councilman Hendrickson reported that asbestos
removal operations have begun in conjunction with the renovation of the
Ellicott Administration Building. Mr.
Hendrickson added that the asbestos abatement will have to be monitored in
compliance with New York State regulations.
He recommended that the Town hire Stohl Environmental LLC to
monitor the asbestos abatement.
Supervisor Tyler stated that he signed all agreements with the
prospective contractors with the exception of the electrical contract. Mr. Hendrickson noted that the next meeting
with the contractors will be held at Town Hall on Sept. 11, 2001.
RESOLUTION
#119-01
Hire
Asbestos Abatement Consultants (Stohl Environmental)
Motion by Councilman Hendrickson, seconded by
Councilman Lodestro to retain Stohl
Environmental LLC, Blasdell, New York for the purpose of
monitoring asbestos abatement operations at the Town of Ellicott
Administration Building.
Water & Sewer Service on Fluvanna Ave. Ext. – Engineer Rex Tolman presented preliminary estimates of providing water & sewer service to the Fluvanna Ave. Ext. area. Mr. Tolman noted that a number of options are available. The Council asked a number of questions re the estimates. Supervisor Tyler & Councilman Taylor agreed to meet with City of Jamestown officials to discuss the possible sharing of costs and services. Town Clerk Erlandson will look into the possibility of grant funding. The Council intends to schedule an informational meeting with Fluvanna area residents within the next several months.
NEW BUSINESS
RESOLUTION
#120-01
Appointment
to Board of Assessment Review
Motion by Supervisor Tyler, seconded by Councilman Lodestro appointing Carl
Steenburn, 3590 Fluvanna Townline Road to a five-year term on the Town of
Ellicott Board of Assessment Review, effective October 1, 2001, term to
expire on September 30, 2006.
RESOLUTION #121-01
Attend Assessors’ Conference
Motion by Supervisor Tyler, seconded by Councilman Hendrickson authorizing the
Town of Ellicott Assessor to attend the annual Assessors’ Conference at
the Hudson Valley Resort and Spa from September 30, 2001 through October
3, 2001 at a cost to the Town of Ellicott of $635.00, most of which will
be reimbursed by the State of New York.
Review of Code Enforcement
Policy
– Councilman Hendrickson & Attorney Duncanson discussed the Town of
Ellicott’s Code Enforcement Policy.
They noted that the policy does not comply with the recently revised New
York State Building Code. Mr. Duncanson
feels that the current policy should be repealed. Code Enforcement Officer Woodbury commented on the matter. He feels that the state regulations should
be integrated into the Town’s policy.
RESOLUTION #122-01
Repeal Code Enforcement
Policy
Motion by Supervisor Tyler, seconded by Councilman Hendrickson to repeal
the Town of Ellicott Code Enforcement Policy; and, further to incorporate
portions of the New York State Code into a revised Town of Ellicott Code
Enforcement Policy.
RESOLUTION #123-01
Remit Final Payment (Mar-Wal
Construction)
Motion by Councilman Lodestro, seconded by Supervisor Tyler to remit the final payment to Mar-Wal Construction for the installation of a water distribution system in the Buffalo-Willard Street Ext. area.
RESOLUTION #124-01
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor, to pay current claims 1000-1072, inclusive, in the amount of $44,095.63 and charge to
the proper fund or account.
Supervisor Tyler opened a Public Hearing at
7:00 PM on amending the boundaries of the Greater Jamestown Empire
Zone. The following public comments
were heard:
Mr. Tony Raffa, Chautauqua Co.
Industrial Development Agency, stated that his agency supports the boundary
revisions. He feels that it is
important to Chautauqua Co.
Councilman Hendrickson commented on the proposed
boundary changes. He stated that he is
in favor of the amendments but expressed his concerns that the Town of Ellicott
was not consulted on the matter. He
stated that property located in the Town of Ellicott will be removed from the
Empire Zone in order to accommodate the boundary amendments. However, Mr. Hendrickson expressed his
gratitude for including a portion of land along Rte. 60 in the amended
boundaries. He noted that a new motel
is going to be constructed in that area.
Therefore, the developer of the property will benefit from its inclusion
in the Zone.
Ms. Sally Martinez, Director, Jamestown
Empire Zone commented on the proposed boundary amendments.
Councilman Lodestro noted that he received
several phone calls re the boundary amendments. He is in favor of the amendments.
Councilman Miller stated that he is in favor
of the new boundaries.
Supervisor Tyler thanked Ms. Martinez for
her hard work as Director of the Empire Zone.
He noted that approximately 58% of the Empire Zone is located in the
Town of Ellicott. He feels that the
zone has benefited a number of businesses in the Town of Ellicott and fully
supports the amended boundaries.
Motion by Supervisor Tyler,
seconded by Councilman Miller to close the Public Hearing at 7:12 PM.
RESOLUTION #125-01
Amendment to Boundaries of
Empire Zone
Motion by Supervisor Tyler, seconded by Councilman Taylor, to support and
concur with proposed revisions to the boundaries of the Greater Jamestown
Empire Zone. (see ‘Empire Zone’
file for detail)
Motion
by Supervisor Tyler, seconded by Councilman Hendrickson to adjourn at 7:58 PM.
_________________________________
Michael C. Erlandson, Town Clerk