Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
November 18,
2002 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer.
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 Miller, seconded by Councilman Geisler to accept the minutes of
the November 4, 2002 meeting as presented by the Town Clerk.
PRIVILEGE OF THE FLOOR
Mr. Edward Martiny, 90 E. Terrace, Lakewood,
NY, addressed the Town Council re a proposed commercial development he wants to
construct on property located on N. Main St. Ext. The property is currently
owned by Jack Scalise. Mr. Martiny
outlined his plans for the site. He
explained that he intends to construct a “travel stop” on the premises. However, he expressed his frustration with
the Town of Ellicott Zoning Board of Appeals.
In his opinion, the ZBA has not been accommodating with respect to
approving the project. In addition, Mr.
Martiny expressed his concern that a “negative declaration” re the original Scalise
Project (minutes 4/1/98) might not have been adopted by the Town
Council. According to Mr. Martiny, a negative
declaration would have been necessary in order to comply with the New York
State Environmental Quality Review Act (SEQRA). If the negative declaration was not completed, Mr. Martiny is
concerned that he might have to go through the entire environmental review
process again. He explained that he was
hoping to simply amend the original negative declaration. Contractual constraints allow him only 120
days to get the entire project approved.
Attorney Lasker discussed the matter with the Council. The Council asked Mr. Martiny a number of
questions re his proposed development.
The Council directed Town Clerk Erlandson to contact the N.Y. State
Dept. of Environmental Conservation to determine whether a negative declaration
was filed. Mr. Lasker noted that the
Ellicott Zoning Board of Appeals is currently reviewing Mr. Martiny’s
project. He stated that it might not be
necessary for Mr. Martiny to go through the entire SEQRA process again. Mr. Lasker will contact Ellicott ZBA
Attorney William Wright to further discuss the matter.
Village of Celoron Mayor
Richard Slagle asked about the status of a contract negotiations between
the Town of Ellicott and the Celoron Hose Co. re fire protection in Fire
District #1. Mayor Slagle noted that
the last contract between the Town & the fire dept. expired in 1998. He stated that a new contract has never been
negotiated. Supervisor Tyler
replied that Celoron Hose Co. officials have not contacted him. However, Mr. Tyler explained that the Town
of Ellicott has been providing funding to Celoron Hose Co. since 1998 despite
the absence of a contract. Mayor Slagle
asked the Council to address the matter.
Supervisor Tyler agreed to meet with officials from the fire dept.
Legislator Spicer commented on the proposed
Chautauqua County budget for 2003.
Town Clerk Erlandson read the
following items into the record:
1.
Invitation
to the annual Falconer Volunteer Firemen’s Association Christmas Party.
2.
Falconer
Fire Incident Report: September 2002.
3.
Police
Activity Report: October 2002.
Councilman
Miller reported that the Ellicott Information
Technology Committee recently met with a representative of JP Diamond
Co. to discuss the possibility of retaining the company to provide computer
consulting and maintenance services to the Town of Ellicott. Mr. Miller noted that the Town has received
a proposal from the company. He briefly
outlined the proposal. He stated that
the IT Committee would meet again to discuss the proposal.
Councilman
Taylor reported that he has not
heard from CSEA officials re the renewal of a labor agreement between the Town
of Ellicott & Town of Ellicott Highway/Office employees.
Councilman
Lodestro reported that a problem has
arisen concerning the Lyndon Blvd. Reconstruction Project. The problem involves the specifications of a
certain pump station on Lyndon Blvd.
Mr. Lodestro is attempting to get the matter resolved. He asserted that no more monies would be
paid to contractors until the problems have been rectified. Mr. Lodestro also reminded the Council that
the Town of Ellicott would need to secure a bond for the Lyndon Blvd.
Project before the end of 2002.
Attorney
Lasker reported that a code
enforcement matter involving a residence on Moon Rd. has been
addressed. He thanked Town of Ellicott
Police Sergeant Matt Kubinski & other Town officials for their assistance
in resolving the matter.
Highway
Superintendent Shellhouse reported
that Zahm & Matson, Inc., Falconer, was the highest bidder on
a used 2000 John Deere tractor being sold by the Town of Ellicott. The bid is $11,661.40. The Town Council accepted the bid.
OLD
BUSINESS
Traffic Safety Concerns: Fairmount Ave. – Supervisor
Tyler asked Councilman Geisler to review an accident report re Fairmount
Ave. (Rte. 394). After Mr. Geisler
reviews the report he & Mr. Tyler will appoint a committee to discuss the
traffic situation on Fairmount Ave.
Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that construction of the new water line on a section of Camp St. Ext. is nearly complete.
Water Service on Orchard Rd. – Highway
Superintendent Shellhouse reported that an area survey has been conducted re a proposed
water line on Orchard Rd. & a section of Southwestern Dr. He reminded the Council that the proposed
line would need to be connected to a water line currently being installed on
Southwestern Dr. in the Town of Busti.
Supervisor Tyler reported that he met with Town of Busti & Village
of Lakewood officials to discuss drafting an inter-municipal agreement
for water service. Such an agreement
would be necessary before the Town of Ellicott can connect to the Busti water
line. However, he explained that the
agreement couldn’t be drafted until the Town of Busti water line is operational
& water volumes can be determined.
NEW BUSINESS
RESOLUTION #137-02
Ban Renewal (Richard Ave. Bridge)
Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the
issuance and sale of a Bond Anticipation
Note in the amount of $44,000.00 for the reconstruction of the Richard Ave. Bridge. (see ‘BAN’ file for detail)
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #138-02
Purchase of New Vehicle for Code
Enforcement Office
Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the purchase
of a 2003 Jeep Liberty for the Ellicott Code Enforcement Office at a cost
to the Town of Ellicott of $19,296.50.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #139-02
Waive Fee For Temporary Sign
(Bethel Baptist Christian Academy)
Motion by Supervisor Tyler, seconded
by Councilman Taylor to waive the $50.00 fee for a 90-day temporary sign
permit for the Bethel Baptist Christian Academy, 200 Hunt Road WE.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Appoint Zoning Committee –
Supervisor Tyler appointed a committee to review certain sections of the Town
of Ellicott Zoning Code. The committee
will consist of Supervisor Tyler, Councilman Miller, Town Clerk Erlandson &
Code Enforcement Officer Woodbury.
RESOLUTION #140-02
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 $84.00 from Account #A9010.8 (Retirement) to Account
#A1110.1 (Justice - Contractual); transfer
the amount of $141.19 from Account #A9010.8 (Retirement) to Account
#B1910.4.4 (Unallocated Insurance).
RESOLUTION #141-02
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Lodestro to pay 2002 current claims #1382-1481,
inclusive, in the amount of $51,944.03 and charge to the proper fund or
account.
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 7:53 PM.
_________________________________
Michael C. Erlandson, Town Clerk