Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
September 19,
2001 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Duncanson, Police Chief Vanstrom. Absent: Councilman Miller.
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. The Council observed a Moment of Silence for the Americans who lost their lives in the
terrorist attacks that took place on Sept. 11, 2001.
Motion
by Councilman Lodestro, seconded by Councilman Hendrickson to accept the
minutes of the September 5, 2001 meeting as presented by the Town Clerk.
A number of lakefront homeowners presented a petition to the Ellicott Town Council requesting a 15% reduction in their property assessments because of the condition of lower Chautauqua Lake as a result of unchecked seaweed growth. (see ‘Petition – Chautauqua Lake Cleanup’ file for detail) The following residents commented on the matter:
· Ms. Karen Rine, 87 Longview Ave. WE, discussed the petition and the condition of lower Chautauqua Lake.
·
Mr. George
Anderson, 119 Longview Ave. WE, explained that the seaweed problem is the
result of the growth & spread of Milfoil
plants. He stated that approximately
300 acres of the lake in the Burtis Bay area are affected by the weed
problem. He added that the cutting
& harvesting program currently being implemented by the Chautauqua Lake
Association has been ineffective in reducing the weed mass. Mr. Anderson noted that there are several
options for managing the weed problem, including a chemical spraying program
that has been conducted in the past.
However, he feels that until the problem is addressed the lakefront
residents deserve assessment relief. Mr. Anderson asked if the lakefront residents could participate in the
ongoing Chautauqua Lake Waterfront
Revitalization Committee. Councilman Hendrickson asked Mr.
Anderson to represent the lakefront residents on the Chautauqua Lake Waterfront Revitalization Committee. Mr. Anderson agreed to serve on the
committee.
· Ms. Karen Johnson, 95 Longview Ave. WE, stated that none of the lakefront residents is able to use the lake for recreation due to the weed problem. In her opinion, lakefront property values are being devalued. She feels that the situation is only going to deteriorate & eventually is going to affect tourism. She asked the Town Council & other area municipalities for help in addressing the weed problem.
· Mr. Ron Rine, 87 Longview Ave. WE, feels that a weed management program should be implemented on Chautauqua Lake. He asked the Town Council for a commitment to address the weed problem.
·
Mr. Steve
Johnson, 195 Longview Ave. WE, pointed out that the Town of Ellicott can
apply to the NY State Dept. of Environmental Conservation for permission to
conduct a chemical spraying program.
Councilman
Miller arrived at 7:25 PM.
The Town Council will further address the problem at
the Oct. 17, 2001 meeting.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal at House of
Petillo, 382 Hunt Rd. WE.
2.
Letter
from Chautauqua Co. Board of Elections stating that the primary election date
has been rescheduled to Sept. 25, 2001.
3.
Falconer
Fire Incident Report: July 2001.
4.
Police
Activity Report: August 2001.
TOWN OFFICERS’ REPORTS
Councilman Hendrickson
commented on the Town of Ellicott v.
Smith matter. Mr. Hendrickson
expressed his concern that Mr. Smith has left the area without signing the
agreement reached without the Town of Ellicott on Aug. 1, 2001. However, Attorney Duncanson assured the
Council that the agreement is still binding whether Mr. Smith signs it or not
since Mr. Smith’s attorney had the authority to “bind” him to the agreement.
Town Clerk Erlandson
reported that he is looking into possible grant funding sources for the proposed
installation of water and sewer service in the Fluvanna area.
Highway Superintendent
Shellhouse reported that the Ellicott Highway Dept. will begin its annual NOVA Chip program next week.
Buffalo-Willard Water Project – Councilman Lodestro reported that due to unexpected expenses the final cost of the new water distribution system in the Buffalo-Willard St. Ext. area will be approximately $110,000.00 over budget. Mr. Lodestro stated that he recently met with Attorney Gregory Yaw to discuss the Town’s options concerning the excess expenditures. Attorney Duncanson noted that the Town of Ellicott will be required to hold a public referendum before it can spend additional monies on the project. Mr. Lodestro added that Attorney Yaw would attend the next Town Council meeting on Oct. 3, 2001 to further explain the Town’s options re the matter. Tabled until Oct. 3, 2001.
Renovation of Administration Building – Councilman Hendrickson reported that the renovation of the Ellicott Administration Building is underway.
Water & Sewer Service on Fluvanna Ave. Ext. – Supervisor Tyler reported that he intends to schedule a meeting with Jamestown Board of Public Utility officials to discuss options re the proposed installation of water & sewer service in the Fluvanna area. Councilman Taylor recommended that the Town mail a survey to Fluvanna residents to determine how many are interested in receiving water & sewer service.
RESOLUTION #126-01
Authorize Survey (Fluvanna
Water & Sewer Project)
Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the Town of Ellicott to mail a survey to Fluvanna area residents regarding the proposed installation of water and sewer service in the Fluvanna area; and, further, to include a self-addressed return envelope with each survey.
NEW BUSINESS
RESOLUTION #127-01
Appoint Town Assessor
Motion by Supervisor Tyler, seconded by Councilman Hendrickson to appoint Patricia Eimers to a six-year term as the Town of Ellicott
Assessor effective October 1, 2001; term to expire September 30, 2007.
RESOLUTION #128-01
Authorize BAN (Dow St.
Bridge)
Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the
issuance of a Bond Anticipation Note
in the amount of $64,000.00 for repair of the Ninth St. Bridge.
RESOLUTION #129-01
Budget Transfers
Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing Town of
Ellicott Supervisor to make the following budget transfers:
Transfer the amount of $1,228.50 from Account #A1420.1 (Attorney – Personal
Service) into Account #A1420.4 (Attorney – Contractual); appropriate the amount of $360.00 to Account #A1330.4 (Tax Collection
– Contractual) from Account #A1332 (Tax Collection).
RESOLUTION #130-01
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Lodestro, to pay current claims 1073-1150, inclusive, in
the amount of $56,841.36 and charge to the proper fund or account.
(Councilman
Miller Abstained)
RESOLUTION #131-01
Convene Executive Session (Pending Litigation re Labor Matter)
Motion
by Councilman Lodestro, seconded by Supervisor Tyler to convene Executive Session for the purpose of
discussing pending litigation involving
a labor matter. 8:20 – 8:41 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #132-01
Retain Attorney (Goodell)
Motion by Supervisor Tyler, seconded by Councilman Hendrickson to retain Attorney Andrew Goodell to
represent the Town of Ellicott in a labor
litigation matter at a cost to
the Town of $125.00 per hour plus expenses.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 8:43 PM.
_________________________________
Michael C. Erlandson, Town Clerk