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

September 16, 2002 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Police Chief Vanstrom, Attorney Lasker.

 

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.

 

PUBLIC HEARING (Local Law #3-2002: Storm Water Management)

 

Supervisor Tyler opened a Public Hearing on proposed Town of Ellicott Local Law #3-2002 amending Sections 121-14 & 121-16 of the Town of Ellicott Code regarding Storm Water Management.  No public comments were heard.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to close the Public Hearing at 7:02 PM.

 

                Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

 

APPROVAL OF MINUTES

 

Motion by Councilman Miller, seconded by Councilman Lodestro to accept the minutes of the August 19, 2002 and August 29, 2002 meetings as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

                               

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notification of Public Hearing: Village of Falconer Zoning Board of Appeals.

2.      Notification of Liquor License renewal: Moonbrook Country Club

3.      Notification of Liquor License renewal: War Veterans Recreation.

4.      Notice of upcoming training seminar: payroll topics re Civil Service employees.

5.      Police Activity report: August 2002.

 

TOWN OFFICERS’ REPORTS

 

Councilman Miller reported that negotiations re a new labor agreement between the Town of Ellicott and Town of Ellicott CSEA Highway would get underway soon.  He asked the Town Council to consider retaining a labor specialist to represent the Council in the negotiations.  Mr. Miller feels that the Town Council would be better served by hiring an experienced labor negotiator.  Mr. Miller was directed to look into the costs of retaining a labor specialist.

 

Councilman Taylor reported that he received a letter from the Superintendent of Southwestern Central Schools expressing concern for the safety of children who walk to school along Allegheny Ave.  Mr. Taylor explained that the problems have occurred since the opening of the new elementary school.  School officials have requested that a traffic study be conducted.  The school also requested that the Town install a sidewalk on Allegheny Ave.  The Council discussed the matter.  Supervisor Tyler stated that he would look into the possibility of obtaining grant monies to construct the sidewalk.

 

Councilman Lodestro reported that he recently attended a meeting re the Lyndon Blvd. Reconstruction Project.  He noted that the project is proceeding on schedule and should be completed by Nov. 1, 2002.  Mr. Lodestro also noted that the Town of Ellicott would be reimbursed $7,500.00 by Chautauqua County for engineering consulting fees incurred during the project.

 

Councilman Geisler reported that a representative of the West Ellicott Baseball Association has asked for permission to lease the baseball field at Burtis Bay.  Mr. Geisler explained that leasing the ballpark would enable the association to sell advertising at the field.  He stated that he would look into the matter.  Mr. Geisler also reported that the association would be conducting maintenance on the field during before winter. 

 

Mr. Geisler also recommended that the Town Council consider conducting a comprehensive drainage study of the entire Town of Ellicott.  Engineer Rex Tolman will prepare a cost estimate for conducting the study.  Mr. Geisler suggested that each councilman examine the drainage problem areas within their individual wards. 

 

Attorney Lasker reported that the Ellicott Zoning Committee is looking into the possibility of instituting a permit process for conducting garage sales.

 

Mr. Lasker also recommended that the Town Council consider imposing a dog leash law in certain areas of the Town of Ellicott.

 

Highway Superintendent Shellhouse commented on a drainage problem in the Idlewood Dr. area south of Hunt Rd.  In his opinion, the problem needs to be addressed.

 

Supervisor Tyler reported that he has received a number of complaints re rotting seaweed that has accumulated along the Burtis Bay shoreline.  Highway Superintendent Shellhouse will look into the matter.

 

OLD BUSINESS

 
RESOLUTION #119-02
Adopt Local Law #3-2002 (Storm Water Management)

 

Motion by Councilman Geisler, seconded by Councilman Miller to adopt Town of Ellicott introductory Local Law #3-2002 amending Sections 121-14 & 121-16 of the Town of Ellicott Code regarding Storm Water Management.      (see ‘Local Law #3-2002’ for detail)

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

Drainage Study (Lewis St. Area) – Engineer Tolman presented a Storm Water Evaluation and Remediation Report for the Lewis St. area.  Mr. Tolman discussed the report in detail & pointed out particular problem areas on the attached maps.  (see ‘Lewis St. Drainage Study’ file for detail)  He explained that the Remediation Project would consist of three phases.  Mr. Tolman estimates that the total construction cost using a private contractor would be approximately $150,000.00.  However, Mr. Tolman feels that if the Ellicott Highway Dept. were able to perform the construction the total cost would be reduced to approximately $85,000.00.  The Council discussed the report and asked a number of questions re the proposed project.  Highway Superintendent Shellhouse will determine some initial material costs.  The Council directed Mr. Shellhouse to utilize existing budgetary funds to begin work immediately on the project.  The Council will monitor the progress of the project and consider additional funding as the need arises.

 
RESOLUTION #120-02
Proceed with Lewis St. Storm Water Remediation Project

 

Motion by Councilman Lodestro, seconded by Councilman Miller directing the Ellicott Highway Department to begin construction on the Lewis Street Storm Water Remediation Project.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

Water Service on Camp St. Ext. – Highway Superintendent Shellhouse has compiled a list of materials needed for the expansion of municipal water service to a section of Camp St. Ext.  He also reported that the Jamestown Board of Public Utilities is interested in installing the water line.  Mr. Shellhouse will continue to meet with BPU officials to determine whether it would be advantageous to the Town to have the BPU install the line.

 

NEW BUSINESS

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to schedule a Public Hearing for October 7, 2002 at 7:00 PM regarding an amendment to the boundaries of the Greater Jamestown Empire Zone.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #121-02
Refund Monies for Zoning Board of Appeals Applications (Mann & McConnell)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to refund the fee for a Town of Ellicott Zoning Board of Appeals application, less expenses, to Gerald McConnell, 60 School Ave. WE and; further, denying a request from Thomas Mann, 169 Longview Ave. WE, to refund the fee for a Town of Ellicott Zoning Board of Appeals application.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #122-02

Establish Refund Policy for ZBA Application Fees

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro stipulating that any fees paid to the Town of Ellicott for an application to appear before the Ellicott Zoning Board of Appeals not be refunded if the applicant later appears before the Zoning Board and; further, any fees paid to the Town of Ellicott for an application to appear before the Ellicott Zoning Board of Appeals may be refunded (less expenses) if the applicant later does not appear before the Zoning Board.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 1

 

RESOLUTION #123-02

Budget Transfers


Motion by Supervisor Tyler, seconded by Councilman Miller authorizing Town of Ellicott Supervisor to make the following budget transfers:

 

Transfer the amount of $206.50 from Account #A9010.8 (Retirement) to Account #A1110.4 (Town Justice – Contractual); transfer the amount of $2,553.85 from Account #A9010.8 (Retirement) to Account #A1420.1 (Attorney – Personal Services).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #124-02

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2002 current claims #1059-1171, inclusive, in the amount of $341,638.83 and charge to the proper fund or account.

 
Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to adjourn at 8:12 PM.

 

Carried.                               Ayes - 5                              Noes - 0                               Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk