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

January 20, 2003 at 7:00 P.M.

 

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

 

The Council observed a moment of silence in honor of Town of Ellicott Police Chief Rodney Vanstrom who passed away on January 20, 2003.

 

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 Taylor, seconded by Councilman Miller to accept the minutes of the January 8, 2003 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

PRIVILEGE OF THE FLOOR

 

Mr. Allan Hendrickson, 21 Winsor Pl. WE, commented on the personal use of Town of Ellicott vehicles by Supervisor Tyler.  According to Mr. Hendrickson, personal use of municipal vehicles is a violation of New York State law.  He asked Mr. Tyler to reimburse the Town.  Councilman Lodestro stated that he has also contacted N.Y. State officials re the statutes for personal use of municipal property.  The Council discussed its options re the matter.  The Council also discussed implementing a policy re the use of municipal vehicles & other equipment.

 

RESOLUTION #30-03
Reimbursement For Use of Town Vehicle by Supervisor Tyler

 

Motion by Councilman Geisler, seconded by Councilman Miller directing Supervisor Tyler to provide reasonable monetary compensation to the Town of Ellicott as restitution for the personal use of personal Town of Ellicott vehicles.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

Mr. Hendrickson also commented on the recent retirement of the Ellicott Town Assessor.  He asked what progress Mr. Tyler has made in regards to addressing the matter.  Mr. Tyler explained that he has contacted officials of the N.Y. State Real Property office to determine what assessing functions need to be accomplished in the immediate future.  Councilman Lodestro asked Mr. Tyler if he had received a proposal from the Town of Busti concerning the sharing of assessing services.  Mr. Tyler stated that he received a proposal from the Town of Busti in October 2002.  However, in his opinion, the proposal was not viable.  Mr. Lodestro expressed the urgency in completing several important assessing functions by March 1, 2003.  Mr. Tyler explained that he is continuing to discuss the matter with N.Y. State officials and hopes to have a temporary solution within the next several days.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Special Meeting for January 23, 2003 at 12:00 PM concerning the disposition of Town of Ellicott assessing functions.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 1

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notification of the upcoming annual Legislative Breakfast sponsored by the Chautauqua Co. Town Supervisors’ Assn. & the Chaut. Co. Conference of Mayors.

2.      Letter from Philip Ribaudo, Falconer, NY, announcing his resignation as Town of Ellicott Voting Machine Custodian.

3.      Designation of restricted highway from the N.Y. State Dept. of Transportation.

4.      Notice of Public Hearing from the Falconer Zoning Board of Appeals.

 

TOWN OFFICERS’ REPORTS

 

Councilman Miller reported that labor negotiations with the CSEA are underway.

 

Councilman Lodestro reported that he and Councilman Miller would be meeting with the Town of Ellicott’s insurance representative re the renewal of the Town’s comprehensive liability insurance policy.

 

Mr. Lodestro also asked if Town officials have been contacted by the Jamestown BPU re a request to install streetlights on Grace St. behind the Ellicott Highway Building.  Town Clerk Erlandson stated that, to date, he has not been contacted but will look into the matter.

 

Councilman Geisler reported that he would be meeting with the Chautauqua Co. Planning Dept. officials re a proposed Burtis Bay development plan.

 

Town Clerk Erlandson reported that he would be collecting property taxes at the Celoron Village Hall on Saturday, Jan. 25, 2003 from 10:00 AM – 1:00 PM.

 

Mr. Erlandson also reported that a retired Town of Ellicott employee has requested reimbursement for prescription drug expenditures.  Mr. Erlandson explained that the Town has not reimbursed retired employees in the past.  The Council discussed the matter & decided not to reimburse the employee.

Highway Superintendent Shellhouse reported that the new pump station in Lyndon Park is operational.

 

OLD BUSINESS

 

Traffic Safety Concerns: Fairmount Ave. Supervisor Tyler & Councilman Geisler will meet with N.Y. State Dept. of Transportation officials within the next several weeks to discuss the traffic situation on Fairmount Ave. 

 

Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that the Jamestown Board of Public Utilities has agreed to install curb boxes along the new municipal water line on Camp St. Ext. at a cost of $775.00 per box.

 

RESOLUTION #31-03
Agreement w/ BPU (Installation of Curb Boxes on Camp St. Ext.)

 

Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the Jamestown Board of Public Utilities to install curb boxes along the municipal water line on a portion of Camp St. Ext. east of Swanson Rd. at a cost to the Town of Ellicott of $775.00 per curb box.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that Engineer Rex Tolman is preparing a cost analysis re an alternative plan to install a municipal water line on Orchard Rd. & Southwestern Dr. 

 

Disposition of Code Enforcement Vehicle – Supervisor Tyler reminded the Council that bids for the sale of a used Town of Ellicott Code Enforcement vehicle will be opened on Jan. 22, 2003 at 12:30 PM.

 

RESOLUTION #32-03

Appointments to ZBA (Cimo & Martonis)

 

Motion by Councilman Taylor, seconded by Councilman Geisler appointing Angelo Cimo, N. Hanford Ave. WE and Patricia Martonis, Girts Rd. to five-year terms on the Town of Ellicott Zoning Board of Appeals; terms to expire December 31, 2007.

 

Adopted.                           Ayes – 4                              Noes - 1                                 Absent – 0

(Lodestro Voted No)

 

NEW BUSINESS

 

Pay Rate of Ellicott Court Clerk – Town of Ellicott Justice Marilyn Gerace asked the Council to consider raising the pay rate of the part-time Ellicott Court Clerk from the current $7.73 per hour to $9.00 per hour.  The Council discussed the matter.  Tabled pending further review.

 

RESOLUTION #34-03

Ban Renewal (Buffalo-Willard Water Service)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the issuance and sale of a Bond Anticipation Note in the amount of $880,000.00 for the increase and improvement of the Town of Ellicott Comprehensive Water District in the Buffalo St. Ext. – Willard St. Ext. area.    (see ‘BAN’ file for detail)

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #35-03

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2002 current claims #1670-1679, inclusive, in the amount of $8,669.10 and charge to the proper fund or account; and, further, to pay 2003 current claims #22-64, inclusive, in the amount of $41,504.26 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #36-03

Convene Executive Session (re Labor Agreement)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to Convene Executive Session for the purpose of discussing negotiations regarding the renewal of a Labor Agreement between the Town of Ellicott and Town of Ellicott CSEA employees.        8:07 – 8:43 PM

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to adjourn at 8:43 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk