Minutes of a Regular and Organizational
Meeting of the Town Council of the Town of Ellicott
held at the
Administration Building,
January 8,
2003 at 12:00 P.M.
Present: Supervisor Tyler, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.
Absent: Councilman Geisler, Councilman Lodestro.
Supervisor Tyler opened the
meeting at 12:15 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.
Motion
by Councilman Taylor, seconded by Councilman Miller to accept the minutes of
the December 16, 2002 meeting as presented by the Town Clerk.
Mr. Allan Hendrickson, 21 Winsor Pl. WE, asked if
Supervisor Tyler had permission to utilize town vehicles for personal use. Mr. Tyler replied that he has used the Town
vehicle. He stated that he would
reimburse the Town of Ellicott for use of the vehicle.
Town Clerk Erlandson read the
following items into the record:
1.
Announcement
that Attorney Gregory Yaw is relocating his office, effective Jan. 13, 2003.
2.
Notification
of liquor license renewal: Lena’s Pizza, 707 Fairmount Ave. WE.
3.
Invitation
to an upcoming dinner sponsored by the Chautauqua County Conference of Mayors.
4.
Notification
from Selective Insurance that the comprehensive liability insurance
premium for the Town of Ellicott will be increasing 10% in 2003.
5.
Letter
from the Chaut. Co Board of Elections that Richard Young & Philip Ribaudo
have been re-appointed as Town of Ellicott Voting Machine Custodians.
6.
Notification
of tax foreclosures from the Chaut. Co. Real Property Tax Service.
7.
Notice
from the Chaut. Co. Health Dept. re free rabies immunization clinics recently
conducted in the Town of Ellington & Town of Carroll.
8.
Notice
of a Public Meeting to be conducted in the Village of Falconer by the New York
State Dept. of Environmental Conservation re the Dowcraft hazardous
waste site.
9.
Notice
from Southern Tier West Regional Planning Board re an upcoming leadership
academy.
10.
Falconer
Fire Incident Report: November 2002.
TOWN OFFICERS’ REPORTS
Councilman
Miller reported that he and Councilman Taylor are meeting with representatives
of the CSEA on Jan. 13, 2003 re the renewal of a labor agreement between the
Town of Ellicott and CSEA Highway/Office employees.
Councilman
Taylor reminded the Council that Town of Ellicott Police Chief Vanstrom would
be retiring in several months. Mr.
Taylor feels that the Council should begin discussing options concerning the
matter.
Town
Clerk Erlandson reported that tax collection operations for 2003 property taxes
are underway in his department.
Highway
Superintendent Shellhouse stated that Town of Ellicott Highway Employee Wes
Johnson retired, effective Dec. 30, 2002.
Mr. Shellhouse stated that he is not going to fill the position at the
present time.
Attorney
Lasker reported that he is looking into the legal implications re the
feasibility of allowing advertising at the Little League baseball field located
in Burtis Bay. (see ‘Minutes
11/4/02’)
RESOLUTION #1-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the Jamestown Post-Journal as the official newspaper of the Town of
Ellicott.
RESOLUTION #2-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the first and third Mondays
of each month at 7:00 P.M. as the Regular Meeting times of the Ellicott
Town Council.
RESOLUTION #3-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Patrick A. Tyler as Budget
Officer for the Town of Ellicott for 2003 at a salary of $1,650.00.
RESOLUTION #4-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salaries of the Town of Ellicott elected officials for 2003 as follows:
Supervisor $10,000.00
Town
Clerk $33,685.60
Councilmen 4 @ $ 3,500.00 each
Highway
Superintendent $54,046.00
Justice
Gerace $ 9,940.00
Justice
Ognibene $ 7,055.00
RESOLUTION #5-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating M & T Bank as depository for Town Clerk funds for 2003.
RESOLUTION #6-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating M & T Bank as depository for Receiver of Taxes funds for 2003.
RESOLUTION #7-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the following depositories for the Town Supervisor’s funds for 2003:
General Fund: M & T Bank
Highway Fund: M & T Bank
Trust & Agency Funds: M
& T Bank
Capital Funds: M & T Bank
RESOLUTION #8-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
to adopt the Town of Ellicott Investment
Policy.
RESOLUTION #9-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing the Town Supervisor to invest monies in time accounts, open accounts, CDs, and money-market accounts at M
& T Bank, Marine Midland Bank, Fleet Bank, Key Bank, Integra Bank and
any new banks.
RESOLUTION #10-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for the Town of Ellicott Building Inspector/Code Enforcement Officer at $41,616.00 for 2003.
RESOLUTION #11-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
establishing the rate of pay for
Town of Ellicott Election Inspectors
at $6.50 per hour for 2003.
RESOLUTION #12-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
establishing the rate of pay for
Town of Ellicott Voting Machine
Custodians at $40.00 per machine for 2003, including recanvassing.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #13-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Larry Belin as Town of
Ellicott Dog Control Officer for
2003 at an annual salary of $3,100.00 plus $60.00 per month for mileage.
RESOLUTION #14-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing the Town of Ellicott Justices to employ a court stenographer when
required at $75.00 per appearance.
RESOLUTION #15-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
establishing the current IRS mileage
allowance rate to be paid to Town of Ellicott employees using their
personal vehicles for approved Town
of Ellicott purposes.
RESOLUTION #16-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
authorizing all Town of Ellicott elected officials, Planning and Zoning Board
members, Code Enforcement Officer, Town Attorney and Town Assessor to attend
the Association of Towns meeting in
February 2003 in New York City if approved by the Town Council, provided monies are available in the
budget for that purpose or at their own expense.
RESOLUTION #17-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for Town of Ellicott Receiver
of Taxes Michael C. Erlandson at $6,075.00 for 2003.
RESOLUTION #18-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
setting the salary for Town of Ellicott Registrar
of Vital Statistics Michael C. Erlandson at $650.00 for 2003.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #19-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing the firm of Wright, Wright and Hampton as Legal Counsel for the Town of Ellicott
Planning Board and the Town of Ellicott Zoning Board of Appeals at a cost to
the Town of Ellicott of $5,150.00 for 2003.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #21-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Kenneth M. Lasker as Town of
Ellicott Attorney at an annual salary of $18,000.00 for 2003.
Adopted. Ayes - 3 Noes - 0 Absent – 2
RESOLUTION #22-03 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Valerie Pierce as Deputy
Town Clerk, Deputy Receiver of Taxes and Deputy Registrar of Vital Statistics
at a salary of $32,476.00 for 2003.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #23-02 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Valerie Pierce as Town of
Ellicott Bookkeeper at an annual
salary of $3,000.00 for 2003.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #23-02 - Motion by Supervisor Tyler, seconded by Councilman Miller
appointing Councilman Miller as Town
of Ellicott Deputy Supervisor for
2003 at no pay.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #24-02 - Motion by Supervisor Tyler, seconded by Councilman Miller
designating the following committee
appointments for 2003:
Highway and Drainage –
Councilmen Geisler & Miller
Police – Councilmen
Lodestro, Miller & Taylor
Buildings – Councilmen
Miller & Taylor
Parks – Councilman Geisler
Cemetery – Councilman Miller
Insurance – Councilmen
Miller and Lodestro
Special Districts –
Councilmen Lodestro and Taylor
Americans with Disabilities
Act Coordinator – Councilman Geisler
Code and Safety Inspection –
Supervisor Tyler
Information Technology
Committee – Councilman Miller
Adopted. Ayes - 3 Noes - 0 Absent - 2
Traffic Safety Concerns: Fairmount Ave. – Supervisor
Tyler & Councilman Geisler will assemble a
committee to discuss the traffic situation on Fairmount Ave. The committee will meet in the next several
weeks.
Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that he is still negotiating with Jamestown Board of Public Utilities officials re the installation of curb boxes along the new municipal water line on Camp St. Ext. He stated that the matter should be resolved within the next several weeks.
Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that he and Engineer Rex Tolman are exploring an alternative plan re the installation of a municipal water line on Orchard Rd. & Southwestern Dr. (Minutes 11/4/02) Mr. Tolman presented a map plan of the alternative proposal. The Council discussed the proposal & asked Mr. Tolman a number of questions. Mr. Tolman explained that the new proposal involves connecting a new water line to an existing line near the intersection of Howard Ave. & Royal Oaks Blvd. In addition, he recommended that the Council consider extending water service to residents on Howard Ave. (south of Royal Oaks), Baker St. Ext. & Valerie Lane. The Council asked Town Clerk Erlandson to send a survey to residents in those areas to determine if they are interested in receiving water service.
Motion by Supervisor Tyler, seconded by Councilman Taylor to extend the
contract between the Town of Ellicott and C. Destro Development Co.
regarding the Lyndon Blvd. Reconstruction Project; contract extension to
expire on February 15, 2003. (see
‘Lyndon Blvd. Project’ file for detail)
Adopted. Ayes - 3 Noes - 0 Absent - 2
Motion by Supervisor Tyler, seconded by Councilman Miller authorizing Senior
Project Coordinator Rose Wightman to submit payment applications
to the New York State Multi-modal Program and the New York State Industrial
Access Program for the Lyndon Blvd. Reconstruction Project. (see ‘Lyndon Blvd. Project’ file for
detail)
Adopted. Ayes - 3 Noes - 0 Absent - 2
Motion by Supervisor Tyler, seconded by Councilman Taylor to extend the
term of a construction period oversight agreement between the Town
of Ellicott and C&S Engineering Co. regarding the Lyndon Blvd.
Reconstruction Project; contract extension to expire on February 15,
2003. (see ‘Lyndon Blvd. Project’
file for detail)
Adopted. Ayes - 3 Noes - 0 Absent - 2
NEW BUSINESS
Disposition of Town of Ellicott Code Enforcement
Vehicle – Supervisor Tyler reported that the new vehicle for the Town of Ellicott Code Enforcement
Officer should arrive on Jan. 13, 2003.
The Town Council will accept public bids
for the sale of the current code enforcement vehicle; bids to be returned no later than Jan. 22, 2003 at 12:30 PM.
Re-appointment to ZBA –
Town Clerk Erlandson reported that the terms of two (2) Ellicott Zoning Board
of Appeals members (i.e. Robert Thomas & John Leamon) have expired. Mr.
Erlandson stated that both members would like to be re-appointed. The Council discussed the matter. Councilman Taylor pointed out that the Town
Clerk maintains a list
of residents who are interested in serving on the ZBA. The Council discussed the merits of filling
the vacancies with two new people. Mr.
Erlandson was directed to contact the first two
people on the list to determine if they would be interested in serving on the
ZBA.
Retirement of Town Assessor –
Supervisor Tyler reported that Ellicott Town Assessor Patricia Eimers retired,
effective Dec. 30, 2002. He stated that
he has contacted officials in the Chaut. Co. Real Property Tax Office re the
matter. According to Mr. Tyler, county
officials will assist the town with essential assessment matters until a new
assessor is hired. Councilman Taylor
recommended forming a committee to search for candidates to fill the position.
RESOLUTION #28-03
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 $0.16 from Account #A1010.4 (Town Board - Contractual) to
Account #A1010.1 (Town Board – Personal Services); transfer the amount of
$1,518.48 from Account #A1450.1 (Elections – Personal Services) to Account
#A1110.1 (Justice – Personal Services); transfer the amount of $44.45 from Account
#A1010.4 (Town Board - Contractual) to Account #A1110.4 (Justice Court –
Contractual); transfer the amount of $0.12 from Account #A1220.4 (Supervisor - Contractual)
to Account #A1220.1 (Supervisor – Personal Services); transfer the amount of
$461.54 from Account #A1420.4 (Attorney - Contractual) to Account #A1420.1
(Attorney – Personal Services); transfer the amount of $1,835.74 from Account
#A1620.4 (Buildings - Contractual) to Account #A1620.1 (Buildings – Personal
Services); transfer the amount of $5,684.00 from Account #A3120.2 (Police -
Equipment) to Account #A3120.1 (Police – Personal Services); transfer the
amount of $5,683.35 from Account #A3120.4 (Police - Contractual) to Account
#A3120.1 (Police – Personal Services); transfer the amount of $7,078.35 from
Account #A9015.8 (Police Retirement) to Account #A9030.8 (Social Security);
transfer the amount of $879.99 from Account #A1450.1 (Elections – Personal
Services) to Account #A9030.8 (Social Security); transfer the amount of $204.21
from Account #A1450.1 (Elections – Personal Services) to Account #A9060.8
(Medical Insurance); transfer the amount of $4,064.20 from Account #B3620.2
(Safety Inspection - Equipment) to Account #B3620.1 (Safety Inspection –
Personal Services); transfer the amount of $0.10 from Account #B4020.4 (Vital
Statistics - Contractual) to Account #B4020.1 (Vital Statistics – Personal
Services); transfer the amount of $325.17 from Account #B9010.8 (Safety
Inspection - Equipment) to Account #B9030.8 (Social Security); transfer the
amount of $12,975.33 from Account #DB9010.8 (Retirement) to Account #DB5110.1
(General Repairs – Personal Services); transfer the amount of $624.25 from Account
#DB9055.8 (Disability Insurance) to Account #DB9060.8 (Medical Insurance);
transfer the amount of $3,003.16 from Account #DB9010.8 (Retirement) to Account
#DB9030.8 (Social Security); transfer the amount of $9,852.76 from Account
#DB5130.2 (Machinery - Equipment) to Account #DB5110.4 (General Repairs -
Contractual); transfer the amount of $3,566.99 from Account #DB9010.8
(Retirement) to Account #DB5130.4 (Machinery - Contractual).
RESOLUTION #29-03
Payment of Claims
Motion by Councilman Miller, seconded by Councilman Taylor to pay 2002 current claims #1612-1659,
inclusive, in the amount of $20,121.63 and charge to the proper fund or
account; and, further, to pay 2003
current claims #1-21, inclusive, in the amount of $66,071.95 and charge to
the proper fund or account.
Adopted. Ayes - 3 Noes - 0 Absent - 2
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 12:58 PM.
Carried. Ayes - 3 Noes - 0 Absent - 2
_________________________________
Michael C. Erlandson, Town
Clerk