Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
March 15, 2004
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett, 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.
Motion
by Councilman Miller, seconded by Councilman Pickett to accept the minutes of
the March 1, 2004 meeting as presented by the Town Clerk.
Supervisor Tyler welcomed the public. He explained that the before starting tonight’s meeting the Town Council will conduct an Executive Session. He read a statement re the New York State regulations pertaining to Executive Session. He assured the public that any action(s) taken by the Council in Executive Session would be reported in open session.
RESOLUTION #53-04
Convene Executive Session (EEOC Complaint: Cunningham v. Town of
Ellicott)
Motion
by Supervisor Tyler, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing a sexual
discrimination complaint filed with the Equal Employment Opportunity
Commission (EEOC) by Town of Ellicott Police Officer Tera Cunningham
against the Town of Ellicott Police Department and Town of Ellicott Police
Chief William Ohnmeiss, Jr. 7:05 PM
Carried. Ayes - 5 Noes - 0 Absent - 0
In Executive Session the Council discussed the EEOC complaint. Town officials received the claim on March 8, 2004. Town Attorney Lasker commented on the matter. He recommended that the Town Council retain outside legal counsel to represent the Town of Ellicott in the complaint. The Council discussed the merits of retaining an attorney.
RESOLUTION #54-04
Retain Attorney re Cunningham v. Town of Ellicott (Saeli)
Motion
by Supervisor Tyler, seconded by Councilman Miller to retain Attorney
Joseph Saeli Jr. Esq., Amherst, New York at a fee of $150.00 per hour to
represent the Town of Ellicott in a sexual discrimination complaint
filed with the Equal Employment Opportunity Commission (EEOC) by
Town of Ellicott Police Officer Tera Cunningham against the Town of Ellicott
Police Department and Town of Ellicott Police Chief William Ohnmeiss, Jr.
Adopted. Ayes - 3 Noes - 2 Absent - 0
(Councilmen Geisler & Taylor Voted No)
Councilman
Geisler stated that he voted no because, in his opinion, voting to retain an
attorney in Executive Session is a violation of state law since it involves the
expenditure of Town monies.
Mr. Saeli was asked to join
the Council in Executive Session. The
Council discussed the recent termination of Police Officer Cunningham’s
services. Supervisor Tyler explained
that Ms. Cunningham was terminated by Police Chief Ohnmeiss on March 5, 2004,
effective March 19, 2004. According to
Chief Ohnmeiss, Ms. Cunningham did not successfully complete her probationary
period. Councilmen Geisler & Taylor
questioned whether the Ellicott Police Chief has the authority to terminate a
police officer. In Mr. Saeli’s opinion,
the Chief does have the authority to terminate an officer.
RESOLUTION #55-04
Confirm Decision to Terminate Service of Police Officer (Cunningham)
Motion
by Supervisor Tyler, seconded by Councilman Miller to confirm the
decision by Ellicott Police Chief William Ohnmeiss, Jr. to terminate the services
of Police Officer Tera Cunningham, effective March 19, 2004.
Adopted. Ayes - 3 Noes - 2 Absent - 0
(Councilmen Geisler & Taylor Voted No)
The Council discussed the ramifications of re-instating Ms. Cunningham.
RESOLUTION #56-04
Re-instate Police Officer Tera Cunningham
Motion
by Councilman Geisler, seconded by Councilman Taylor to re-instate
Police Officer Tera Cunningham and place her on administrative leave
pending the resolution of a sexual discrimination complaint filed with
the Equal Employment Opportunity Commission (EEOC) by Town of
Ellicott Police Officer Tera Cunningham against the Town of Ellicott Police
Department and Town of Ellicott Police Chief William Ohnmeiss, Jr.
Adopted. Ayes - 2 Noes - 3 Absent – 0
MOTION DEFEATED
(Councilman Miller, Councilman Pickett &
Supervisor Tyler Voted No)
The Council discussed the merits of hiring an independent
investigator to look into Ms. Cunningham’s complaint. Councilmen Geisler stated that, in his opinion, the New York
State Police should investigate the complaint.
Councilman Taylor agreed with Mr. Geisler.
RESOLUTION #57-04
Appoint Investigator re EEOC Complaint (Brautigam)
Motion
by Supervisor Tyler, seconded by Councilman Miller to hire Daryl Brautigam,
Fredonia, New York, to investigate a sexual discrimination complaint
filed with the Equal Employment Opportunity Commission (EEOC) by
Town of Ellicott Police Officer Tera Cunningham against the Town of Ellicott
Police Department and Town of Ellicott Police Chief William Ohnmeiss, Jr.
Adopted. Ayes - 3 Noes - 2 Absent - 0
(Councilmen Geisler & Taylor Voted No)
Councilman
Geisler stated that he voted no because, in his opinion, voting to hire an
investigator in Executive Session is a violation of state law since it involves
the expenditure of Town monies.
Motion by Supervisor Tyler,
seconded by Councilman Pickett to adjourn Executive Session and return
to open session. 7:35 PM
Carried. Ayes - 5 Noes - 0 Absent - 0
REGULAR MEETING
Mr. Tyler made a statement
to the Public concerning the Council’s position in regards to a sexual
discrimination complaint filed with the Equal Employment Opportunity
Commission (EEOC) on March 8, 2004.
Mr. Tyler stated that the complaint was filed by Town of
Ellicott Police Officer Tera Cunningham against the Town of Ellicott Police
Dept. & Police Chief William Ohnmeiss.
PRIVILEGE OF THE FLOOR
Mr. David Rishell, 300 Howard Ave. WE, commended the Town Council for hiring an independent investigator to look into the EEOC complaint filed by Police Officer Tera Cunningham.
Mr. Kenneth Lyon, Falconer, expressed his confidence that the Ellicott Police Dept & Chief Ohnmeiss will be exonerated in regards to the Cunningham complaint.
Mrs. Janet Vanstrom, Jamestown, expressed her support of Chief Ohnmeiss and the Ellicott Police Dept. re the Cunningham complaint. She stated that her late husband, former Town of Ellicott Police Chief Rodney Vanstrom, thought very highly of Chief Ohnmeiss. She added that in 2002 her husband promoted a part time officer other than Ms. Cunningham to full time. According to Mrs. Vanstrom, her husband was threatened with a sexual discrimination suit as a result of the promotion.
Mr. George Beckerink, Gerry-Levant Rd., asked Councilman Taylor about a recent article in the Jamestown Post-Journal in which Mr. Taylor stated that he was aware of Ms. Cunningham’s allegations in December 2003. He asked Mr. Taylor why he didn’t report the allegations to the Council at that time. Councilman Taylor responded that since the complaint is being investigated, he cannot publicly comment on the matter.
Mr. Timothy Johnson, Camp St. Ext., asked if the Town Council members are willing to undergo scrutiny during the investigation of Ms. Cunningham’s complaint.
Mrs. Lisa Ross, Celoron, commended the Ellicott Police Dept. & Officer Tera Cunningham for their distinguished service to the community.
Mr. James Mathis, 27 Nottingham WE, praised the Ellicott Police Dept. for its professionalism.
Mrs. Karen Okerlund, Sinclairville, stated that
she is an employee for the Town of Ellicott who periodically works in the
Ellicott Police Dept. She stated that
she has never observed any sexual discrimination or inappropriate behavior by
either the chief or his officers. She
expressed her support for Chief Ohnmeiss as well as the entire Ellicott Police
Dept.
Mr. Steve Vanstrom, 2133 Buffalo St. Ext.,
urged the Council not to allow the media to influence the investigation into
Ms. Cunningham’s complaint.
Mr. Allan Hendrickson, 21 Winsor Pl. WE, stated
that he was on the Ellicott Town Council from 2000 – 2001. He noted that at the time of her hiring, Ms.
Cunningham had been highly recommended.
Mr. Hendrickson also stated that the late Chief Vanstrom thought very
highly of Chief Ohnmeiss & had selected him to be his successor.
Mrs. Kelly Ferrugia, Kiantone,
stated that she observed Councilman Taylor having lunch with Tera Cunningham in
December 2003. Councilman Taylor
acknowledged that he knows Ms. Cunningham.
Mr. Michael Sadowski, Falconer-Kimball Stand
Rd., expressed his support for Chief Ohnmeiss.
He also stated that, in his opinion, Councilman Taylor should have
recused himself from participating in the Executive Session conducted by the
Council earlier this evening. Mr.
Taylor responded that there are certain facts re the matter that he cannot
discuss at the present time.
Ms. Wendy Peterson, Randolph, expressed her
support for Officer Cunningham. In her
opinion, Ms. Cunningham is an excellent officer and role model. She also objected to the Council discussing
Ms. Cunningham’s complaint in Executive Session. She feels that the Council should have discussed the matter
during the Regular Meeting.
Town of Ellicott Police Officer
Branden Maggio referred to a quote in the Jamestown Post-Journal
made by Ms. Cunningham re the excellence and professionalism of her fellow
Ellicott Police Officers. He pointed
out that Ms. Cunningham has worked for the EPD for three years & questioned
why she did not file a complaint until last week.
Mrs. Valerie Pierce, Falconer, expressed her
support for Chief Ohnmeiss. She stated
that she has worked for the Town of Ellicott for 25 years & has never
witnessed any inappropriate behavior on the part of Chief Ohnmeiss.
Former Town of Ellicott
Councilman Lucian Lodestro, Falconer, stated that he is familiar with
some of the circumstances concerning the alleged complaint filed by Ms.
Cunningham. In his opinion, Councilman
Taylor should recuse himself from taking part in any further discussions re the
complaint since he is personally involved in the matter.
Mr. Calamunci, Celoron, praised the
Ellicott Police Dept. for its professionalism.
Ms. Mary Kroon, Ashville, stated that she
has worked for the Ellicott Police Dept. for twenty years. During that time, she stated that she has
never observed any inappropriate behavior by Mr. Ohnmeiss or any other
officer. She added that she has never
felt uncomfortable or threatened while working in the Police Dept. She feels that Chief Ohnmeiss is a man of
unquestionable integrity & expressed her support for him.
Officer Maggio explained that a panel of
Ellicott police officers made the recommendation to Chief Ohnmeiss to terminate
Officer Cunningham.
Mr. Johnson expressed his support for
Chief Ohnmeiss & commended the Town Council for hiring an investigator to
look into Ms. Cunningham’s complaint.
Town of Ellicott Police
Officer Todd Beckerink commented on the panel of officers referred to by
Officer Maggio. Officer Beckerink
stated that the panel makes evaluations of all new police officers. He pointed out that Ms. Cunningham is not
the first police officer to be terminated and noted that other officers have
been terminated in the past.
Legislator Spicer commented on the status of Medicaid
discussions.
Mr. Spicer also asked for the Council’s
direction regarding a proposal by the Chautauqua County Legislature to
re-locate certain county court operations to Jamestown City Hall. He explained that re-locating the offices
would result in a significant cost savings for the county. The Council discussed the matter.
RESOLUTION #58-04
Support for Proposal to Move
County Court
Motion
by Supervisor Tyler, seconded by Councilman Taylor to support a
proposal by the Chautauqua County Legislature to re-locate certain
Chautauqua County Court operations to Jamestown City Hall.
Town Clerk Erlandson read the following items into
the record:
1.
Letter
from Michael Mogenhan, 67 School Ave. WE re water pressure problems on School
Ave.
2.
Notification
re the annual Southern Tier West Local Government Conference.
3.
Newsletter:
Chautauqua Watershed Conservancy.
TOWN OFFICERS’ REPORTS
Councilman Geisler reported that James Lee contacted him re the
status of certain land located in the Fluvanna Park area. Mr. Geisler explained that Mr. Lee is
interested in removing timber from the area.
Attorney Lasker reported that he met with the Town of Gerry
Attorney to finalize a shared services agreement between the Town of Ellicott
& the Town of Gerry re code enforcement services. (Minutes 3/1/04)
Water Service on Royal Oaks
– Highway
Superintendent Shellhouse reported that the Jamestown Board of Public
Utilities would begin installing the new municipal water service in
the Royal Oaks area within the next few weeks.
Water Service on Orchard Rd.
-
Highway Superintendent Shellhouse reported that the Jamestown BPU
is continuing to install curb boxes at homes along Orchard Rd. &
Southwestern Dr.
Reduction of DEC Office
Space –
Councilman Miller 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. (Minutes 3/1/04) He reminded the Council that the Ellicott
Police Dept, would be interested in moving its offices to the third
floor. Town Clerk Erlandson reported
that he has spoken several times with a representative of the NY State Office
of General Services re the possibility of re-locating the DEC offices to the ground
floor currently occupied by the EPD.
Mr. Erlandson added that he recently mailed the representative a floor
plan of the Police Dept. The
representative will review the plans and make arrangements to meet with the
Ellicott Building Committee to discuss the matter. Tabled pending further negotiations.
NEW BUSINESS
RESOLUTION #59-04
Establish Date for Grievance
Day
Motion by Supervisor Tyler, seconded by Councilman Pickett stipulating that
the Ellicott Board of Assessment Review shall meet on the fourth
Tuesday of May of each year and thereafter as may be necessary to discharge its
duties relative to Grievance Day.
Adopted.
Ayes - 5
Noes - 0
Absent – 0
RESOLUTION #60-04
Re-appointment to Board of Assessment Review (Rizzo)
Motion by Councilman Miller, seconded by Councilman Pickett reappointing Paul Rizzo, 15 Carlton Ave., Falconer, to a
five-year term on the Ellicott Board of Assessment Review, term to expire
September 30, 2008.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #61-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2004 current claims #195-295,
inclusive, in the amount of $35,463.32 and charge to the proper fund or account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 8:35 PM.
Carried.
Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town
Clerk