Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
March 1, 2004
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Miller, Councilman Pickett, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer. Absent: Councilman Geisler.
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 Miller, seconded by Councilman Pickett to accept the minutes of
the February 2, 2004 meeting as presented by the Town Clerk.
Town Clerk Erlandson read the following items into
the record:
1.
Notification
re the annual Southern Tier West Local Government Conference.
2.
Notification
from the Chautauqua County Board of Elections re the re-appointment of
Ellicott Voting Machine Custodians Richard Young and Dale Marshall.
3.
Notification
of liquor license renewal: Comfort Inn, 2800 N. Main St. Ext.
4.
Annual
Financial Report: Fluvanna Fire District.
5.
Notification
re a Public Assistance Workshop to be conducted by the Chaut. Co. Office of
Emergency Services.
6.
Notice
from the Chaut. Co. Health Dept. re the results of an animal Rabies
Immunization Clinic recently held in the Town of Ellington.
7.
Notice re an upcoming Community Leadership Retreat to be conducted by So.
Tier West Regional Planning & Development Board.
8.
Newsletter:
Community Assistance Program.
TOWN OFFICERS’ REPORTS
Councilman Miller reported that the Ellicott Building
Committee has hired a new Building Maintenance Superintendent to replace
Clayton Waddington who is retiring on April 2, 2004. The new superintendent will be Michael
Anderson, Dean Rd.
Mr. Anderson will begin work on March 22, 2004.
Mr. Miller also distributed a proposed
labor agreement w/ the Ellicott Police Chief.
He asked the Council to review the proposal.
Town Clerk Erlandson reported that the upgrade of the basement vault in the Ellicott Administration Bldg. has been completed. He reminded the Council that the Town received a grant to install new lighting and shelving units in the vault. The Ellicott Highway Dept. repaired the existing floor. He invited the Council to take a look at the new vault.
Highway Superintendent Shellhouse reported that the New York State Highway Superintendent’s Association would be meeting with N.Y. State Legislators in Albany next week to discuss the restoration of Consolidated Highway Improvement Project (CHIPs) funding.
Mr. Shellhouse also reported that the heating system presently installed at the Airport Water Tower needs to be examined. Mr. Shellhouse explained that the boilers inside the tower are inefficient & noted that the Town is receiving expensive gas bills each month. He recommended that engineer Rex Tolman look into the problem. The Council authorized Mr. Tolman to analyze the heating situation and make a recommendation re how to address the problem.
Mr. Shellhouse also stated that he intends to have Engineer Tolman prepare a drainage study for Orchard Rd. Mr. Tolman explained that the new water line on Orchard Rd. has altered the drainage flow. Mr. Shellhouse stated that a drainage study would cost approx. $10,000.00. He noted that the monies for the study would be allocated from the drainage fund.
Mr. Shellhouse also reported that the Town of Busti and the Jamestown BPU are interested in expanding municipal water service to Baker St. Ext. & Orr St. He pointed out that the project might be an excellent opportunity for the Town of Ellicott to expand water service to Howard Ave., Baker St. Ext. & Valerie Lane. He requested that the Ellicott Highway Committee discuss the expansion with Town of Busti & BPU officials. Supervisor Tyler will contact the Director of the BPU re the matter.
Supervisor Tyler reported that he recently
attended the annual Legislative Breakfast sponsored by the Chautauqua
Co. Town Supervisors’ Assn. & the Chaut. Co. Conference of Mayors.
Herbicide Application Permit
(Burtis Bay) – Attorney Jon Taber addressed the Council. Mr. Taber stated that he represents the Chaut. Lake
Partnership (CLP). He updated the
Council re the status of an application for an aquatic herbicide permit from
the New York State Department of Environmental Conservation (Minutes 1/19/04 et. seq.).
He explained that the permit is needed in order for herbicide to be
applied to the Burtis Bay area of Chautauqua Lake for the purpose
of eradicating Eurasian milfoil.
Mr. Taber reminded the Council that the Town of Ellicott is Lead
Agency for the permit process (Resolution #34-04). He added that in order to obtain the permit
the Town must first comply with the N.Y. State Environmental Quality Review
Act (SEQRA). He stated that since
the herbicide application may have a significant impact on the
environment, an Environmental Impact Statement (EIS) must be conducted. However, Mr. Taber explained that before the
EIS can be prepared the Town must issue a “determination of significance”. He stated that he has prepared the necessary
resolution for “determination of significance”. Mr. Taber read the resolution into the record in its entirety.
RESOLUTION #42-04
Determination of
Significance (Herbicide Application)
Motion
by Supervisor Tyler, seconded by Councilman Pickett determining that
the proposed application of Aquathol-K to approximately 300 acres of the
South basin of Chautauqua Lake,
including areas along the Town of Busti, Town of Ellicott & Town of Ellery
shorelines may have a significant impact on the environment. (see ‘Burtis Bay’ file including a copy of
the resolution and the reasons supporting the determination)
RESOLUTION #43-04
Positive Declaration
(Herbicide Application)
Motion
by Supervisor Tyler, seconded by Councilman Pickett determining that a “positive
declaration” be issued pursuant to Article 8 of the New York State
Environmental Conservation Law regarding the proposed application of Aquathol-K
to approximately 300 acres of the South basin of Chautauqua
Lake, including areas along the Town of Busti, Town of
Ellicott & Town of Ellery shorelines and; further, that a draft environmental
impact statement be prepared and “scoping” conducted. (see ‘Burtis Bay’ file including a copy of
the resolution and the reasons supporting the determination)
RESOLUTION #44-04
Advertise for Bids
(Herbicide Application)
Motion by Supervisor Tyler,
seconded by Councilman Miller authorizing the Town of Ellicott to advertise
for bids for environmental studies on Chautauqua Lake in conjunction
with the preparation of an Environmental Impact Statement regarding the
proposed application of Aquathol-K to 300 acres of the South basin of Chautauqua
Lake. (See Resolution #42-04 &
Resolution #43-04).
Water Service on Royal Oaks
– No
Report.
Water Service on Orchard Rd.
-
Highway Superintendent Shellhouse reported that the Jamestown Board
of Public Utilities is continuing to install curb boxes at homes along
Orchard Rd. & Southwestern Dr. as homeowners request them.
NEW BUSINESS
RESOLUTION #45-04
Agreement to Spend Town
Highway Funds
Motion by Supervisor Tyler,
seconded by Councilman Miller authorizing an amount not to exceed
$462,650.00 to be expended in 2004 by the Town of Ellicott on 50.48
miles of highways within the Town of Ellicott.
(see ‘Highway Dept. – Agreement to Spend Highway Funds’ file for detail)
RESOLUTION #46-04
Renewal of Town Insurance
Motion by Councilman Taylor, seconded by Councilman Miller to accept a
proposal from Selective Insurance to
provide comprehensive liability insurance
to the Town of Ellicott for the year beginning March 2, 2004 and terminating
March 1, 2005 at a cost to the Town of Ellicott of $101,596.00. (see ‘Insurance’ file for detail)
Adopted. Ayes – 4 Noes - 0 Absent – 1
RESOLUTION #47-04
Reimbursement of ZBA Fees (Quinn)
Motion by Supervisor Tyler, seconded by Councilman Pickett to refund the
amount of $59.30 to Karen Quinn for
fees paid in conjunction with an application for a home occupation permit which was subsequently withdrawn by the
applicant.
Reduction of DEC Office
Space –
Councilman Taylor reported that the N.Y. State Dept. of Environmental
Conservation is interested in reducing the amount of office space they
currently rent on the third floor of the Ellicott Administration Bldg. He reminded the Council that the DEC rents
the floor space from the Town of Ellicott.
Mr. Taylor recommended that the Ellicott Building Committee contact DEC
officials to discuss the matter.
Councilman Pickett stated that the Ellicott Police Dept. has expressed
an interest in moving its offices from the ground floor to the third
floor. At the same time, Mr. Pickett
noted the DEC might be interested in relocating to the ground floor. The Council discussed the matter. Tabled pending negotiations with the
DEC.
Shared Services w/ Town of
Gerry re Code Enforcement – Supervisor Tyler reported that the Town of Gerry
is interested in utilizing the services of the Town of Ellicott Code
Enforcement Officer. He explained that
the Gerry Town Council recently authorized the Town of Gerry Supervisor to
enter into a shared services agreement with the Town of Ellicott. Mr. Tyler noted that the Town of Gerry would
compensate the Town of Ellicott for code enforcement services at the
rate of $25.00 per hour. The Ellicott
Code Enforcement Officer would also be paid $25.00 per hour. The Council discussed the matter. Councilman Miller recommended that the Town
attorneys from the two towns draft an agreement.
RESOLUTION #48-04
Shared Service Agreement w/ the Town of Gerry (Code Enforcement)
Motion
by Supervisor Tyler, seconded by Councilman Taylor authorizing the Town
of Ellicott to negotiate a “shared services” agreement with the Town of Gerry
for professional code enforcement consultation.
Adopted. Ayes – 4 Noes - 0 Absent – 1
Fee for Montana Mills
Drainage Review – Supervisor Tyler reported that the Town received an invoice for
$1,170.00 from Tolman Engineering for a drainage study conducted
of the proposed Montana Mills site located on Fairmount Ave. Mr. Tyler explained that the developer
of the property is responsible for paying for the study. However, he noted that, at the present time,
the proposed Montana Mills development is not going to
proceed. He stated that Tolman
Engineering has asked the Town of Ellicott to reimburse the $1,170.00. Mr. Tyler will look into the matter to
determine whether another developer might be interested in purchasing
the property. Tabled pending further
review.
RESOLUTION #49-04
Advertise for Bids (Highway Materials & Services)
Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the Town of Ellicott Highway Superintendent to solicit bids for highway materials and services; bids to be returned no later than April 5, 2004 at 10:00 AM.
Adopted. Ayes – 4 Noes - 0 Absent – 1
RESOLUTION #50-04
Budget Transfers
Motion by Supervisor Tyler, seconded by Councilman
Taylor authorizing Town of Ellicott Supervisor to make the following 2003
budget transfers:
Transfer the amount of $90.00 from Account #A1010.4 (Town Board - Contractual)
to Account #A3510.1 (Dog Control – Personal Services); transfer the amount of $59.28 from Account #A1010.4 (Town Board -
Contractual) to Account #A9055.8 (Disability); transfer the amount of $117.20 from Account #A1010.4 (Town Board -
Contractual) to Account #A1355.4 (Assessor – Contractual); transfer the amount of $5.36 from Account #A 1010.4 (Town Board –
Contractual) to Account #A1670.4 (Printing/Mailing - Contractual); transfer the
amount of $2,152.61 from Account #A9060.8 (Medical Insurance) to Account
#A9030.8 (Social Security); transfer the amount of $1,297.78 from
Account #A9060.8 (Medical Insurance) to Account #A1620.4 (Buildings –
Contractual); transfer the amount of $352.33 from Account #DB9055.8
(Disability) to Account #DB9030.8 (Social Security).
RESOLUTION #51-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2004 current claims #90-122, inclusive,
in the amount of $23,588.51 and charge to the proper fund or account.
Adopted. Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #52-04
Convene Executive Session (Personnel)
Motion
by Supervisor Tyler, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing a personnel
matter involving a former Town of Ellicott employee. 8:07 PM – 8:32 PM
Adopted. Ayes - 4 Noes - 0 Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Miller to adjourn at 8:32 PM.
Carried. Ayes - 4 Noes - 0 Absent - 1
_________________________________
Michael C. Erlandson, Town Clerk