Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
February 3,
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, Acting Police Chief Ohnmeiss.
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.
Motion
by Councilman Lodestro, seconded by Councilman Taylor to accept the minutes of
the January 20, 2003 meeting as presented by the Town Clerk.
Ms. Maribel Colby, 70 Elmwood Ave. WE, asked about the possibility of adopting a dog leash law in West Ellicott. In her opinion, a dog leash law is necessary.
Mr. David Leitch, N. Main St. Ext.,
commented on a proposal to establish a special Chautauqua Lake “taxing
district”. Mr. Leitch is opposed to the
creation of the district. He read a
prepared statement re the matter. He
asked the Council why the proposal was drafted without a Public Hearing.
Mr. Robert Woodard, 257 E. Elmwood Ave.,
Falconer, NY, commented on weed problems on Chautauqua Lake. In his opinion, applying chemical herbicides
is harmful to the lake. Mr. Woodard
also expressed his reservations re the establishment of a Chautauqua Lake
“taxing district”.
Town of Chautauqua Councilman Mr. William
Burnett expressed his concerns re a proposed Chautauqua Lake “taxing
district” that was recently drafted by the Town Supervisors & Mayors in the
five Towns adjacent to the lake. Mr.
Burnett asked why the respective Town Boards did not discuss the proposal
before it was submitted to the New York State Legislature for approval. Supervisor Tyler stated that the proposal is
merely a draft. He explained that any
final proposal would be subject to a Public Hearing and also must be adopted by
the Town Council.
Mr. Mike Lyons, Owner, Anderson
Cleaners, asked the Council to consider the possibility of sharing police
services with surrounding municipalities.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of liquor license renewal: Tailwinds Restaurant, 3163 Airport Dr.
2.
Notification
of liquor license renewal: Falconer Moose Lodge, 11 S. Dow St.,
Falconer.
3.
Invitation
from the Village of Falconer re an “open house” in honor of former Falconer
Mayor Albert Mattison.
4.
Letter
from Buffalo Crushed Stone, Inc. stating their “intention to bid” for
highway materials.
5.
Letter
from Jamestown Board of Public Utilities re a request to install new street
lighting on Grace Ave., Falconer, behind the Town of Ellicott Highway garage.
6.
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.
7.
Newsletter:
Community Assistance Program.
TOWN OFFICERS’ REPORTS
Councilman
Miller reported that he and
Councilman Lodestro recently met with the Town of Ellicott’s insurance
representative re renewal of the Town’s comprehensive liability insurance
policy. Mr. Miller reported that the
insurance premium would increase 18% in 2003.
Councilman
Lodestro reported that the Lyndon
Blvd. Reconstruction Project has been completed. He noted that Project Coordinator Rose Wightman is consolidating
the final funding matters pertaining the project.
Councilman
Geisler reported that he met with
representatives of the Celoron Hose Co. re the renewal of a fire
protection agreement between Celoron Hose Co. & Town of
Ellicott. Mr. Geisler will have a draft
of the agreement within the next several weeks.
Town Clerk
Erlandson reported that he
submitted a grant request to the N.Y. State Archives to upgrade a
records vault located in the basement of the Ellicott Administration Bldg. Mr. Erlandson noted that he is requesting
$5,800.00 to purchase new shelving and lighting.
Attorney
Lasker reported that he attended
the annual Legislative Breakfast in Lakewood on Feb. 1, 2003.
Mr. Lasker also reported that the Town of Ellicott
Council must implement an election ward re-districting plan no later than Feb.
15, 2003. He reminded the Council that
federal election law mandates that election district boundaries be redrawn
every ten years in accordance with new census data. Mr. Lasker recommended that the Ellicott Town Council direct the
Chautauqua Co. Board of Elections to draft a redistricting plan.
RESOLUTION #40-03
Redistricting Plan
Motion by Councilman Lodestro, seconded by Councilman Miller authorizing the
Chautauqua County Board of Elections to draft an election ward re-districting
plan for the Town of Ellicott.
Adopted. Ayes - 5 Noes - 0 Absent – 0
Highway
Superintendent Shellhouse stated
that a number of mechanical problems have been occurring at the water tower on
Turner Rd. Mr. Shellhouse reported that
he has requested an engineer to submit a cost estimate for upgrading the
facility.
Supervisor
Tyler gave each Councilman a
mileage breakdown re his recent usage of Town of Ellicott vehicles for personal
use. He outlined several options for
making restitution to the Town of Ellicott.
Councilman Taylor recommended that an outside individual examine the
mileage figures and determine how Mr. Tyler should compensate the Town. The Council will review the information
provided by Supervisor Tyler.
Chautauqua Lake Milfoil
Problem – Town Clerk Erlandson
reported that representatives of the Chautauqua
Lake Partnership have contacted
him re the application for a permit from the N.Y. State Dept. of Environmental
Conservation (NYSDEC) to apply an aquatic herbicide to a certain areas of
Chautauqua Lake. Supervisor Tyler
stated that the CLP would prepare the permit application.
Traffic Safety Concerns: Fairmount Ave. – Tabled until the March 3, 2003 meeting.
Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that the Jamestown Board of Public Utilities has not installed the curb boxes along the new municipal water line on Camp St. Ext. due to inclement weather. Mr. Shellhouse stated that the BPU intends to install the curb boxes as soon as possible.
Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that Engineer Rex Tolman is preparing several alternative proposals re the installation of a municipal water line on Orchard Rd.
Town Assessor Position –
Supervisor Tyler & Councilman Lodestro gave a progress report re their
efforts to fill the vacant Town of Ellicott Assessor
position (Minutes 1/23/03). Mr.
Lodestro explained that he and Mr. Tyler met with Town of Busti officials to
discuss the possibility of a “shared services” agreement whereby
the Busti Assessor would be appointed as the Town of Ellicott Assessor. Mr. Lodestro added that should the agreement
with Busti be adopted, the Town of Ellicott would also need to hire an
appraiser. Mr. Tyler noted that a
representative from the N.Y. State Real Property Dept. informed him that the
state would not grant
the Town of Ellicott an extension for submitting its 2003 Assessment Roll. Mr. Tyler stated that in order to be
eligible for “maintenance aid” funding from N.Y State, the roll must be
submitted no later than May 1,
2003. The state official recommended
that the Town of Ellicott retain an outside company to perform the appraisals
that are necessary to complete the assessment roll. Mr. Tyler explained that the cost of retaining an appraisal
company would be $10,000.00 - $20,000.00.
Mr. Tyler discussed the implications of losing the “maintenance aid”
funding provide by N.Y. State. Mr.
Tyler & Mr. Councilman Lodestro recommended that the Town of Ellicott adopt
the agreement with the Town of Busti re the sharing of Assessing services.
RESOLUTION #41-03
Agreement w/ Town of Busti
(Assessing Services)
Motion by Councilman Lodestro, seconded by Councilman Geisler to approve an agreement
between the Town of Ellicott and the Town of Busti stipulating that the Town of
Busti Assessor provide assessing services to the Town of Ellicott and;
furthermore, authorizing the Ellicott Town Supervisor to sign the
agreement. (see ‘Agreement w/ Town
of Busti’ file for detail)
Adopted. Ayes - 5 Noes - 0 Absent – 0
NEW BUSINESS
Revision of Empire Zone Boundaries –
A representative of the Greater Jamestown Empire Zone outlined certain
proposed boundary revisions to the zone.
RESOLUTION #42-03
Boundary Revisions to
Greater Jamestown Empire Zone
Motion by Supervisor Tyler, seconded by Councilman Taylor supporting and
concurring with proposed boundary revisions to the Greater Jamestown
Empire Zone. (see ‘Greater Jamestown
Empire Zone’ file for detail)
Adopted. Ayes - 4 Noes - 0 Abstain – 1
(Councilman Geisler Abstained.)
Dog Leash Law – Town Clerk
Erlandson reported that he received a petition from West Ellicott residents
requesting that the Ellicott Town Council adopt a dog leash law. The
Council discussed the possibility of implementing a dog leash law in certain
areas of the Town of Ellicott.
Supervisor Tyler noted that implementing a leash law in specific areas
of the Town would require rezoning.
Tabled pending further review.
RESOLUTION #43-03
Increase Pay Rate for Court Clerk
(Zanghi)
Motion by Councilman Taylor, seconded by Councilman Geisler to increase the
pay rate of Town of Ellicott Court Clerk Rosalie Zanghi from $7.73 per hour to
$9.00 per hour, effective February 5, 2003.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Overtime in Town Court –
Town of Ellicott Justice Samuel Ognibene addressed a recent letter from
Supervisor Tyler to all hourly Town of Ellicott office employees. The letter stipulated that all hourly employees shall work no more than the normal 35-hour workweek. Consequently, no overtime shall be
permitted. Mr. Ognibene asked for
clarification re the letter. In his
opinion, the overtime policy should not apply to the Town of Ellicott
Court. He pointed out that the Court
office is currently very busy. Mr.
Ognibene feels that for the Town Court to operate efficiently it may be occasionally
necessary for the full-time Court clerk to work overtime. Councilman Taylor reminded the Council that
until March 2002, the Ellicott Town Court employed two
(2) full-time clerks. Following the
retirement of one full-time clerk, the position became part-time. Mr. Taylor noted that the Court presently
has one (1) full-time clerk and one (1) part-time clerk. Supervisor Tyler explained that the overtime
decision was made because of budgetary constraints. He explained that monies were not budgeted for overtime. The Council discussed the matter. The possibility of returning to two (2)
full-time clerks was also addressed.
The Council asked Justice Ognibene and Town of Ellicott Justice Marilyn
Gerace to find a solution to the matter.
In observance of President’s
Day, the Council re-scheduled the Feb. 17, 2003 Regular Town Council Meeting
to 12:00 noon on Feb. 18, 2003.
RESOLUTION #44-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2003 current claims #65-111, inclusive,
in the amount of $26,445.59 and charge to the proper fund or account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 9:00 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town
Clerk