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

March 17, 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, 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. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Miller, seconded by Councilman Geisler to accept the minutes of the march 3, 2003 meeting as presented by the Town Clerk.

 

Carried.                                 Ayes - 5                                Noes - 0                           Absent - 0

               

PRIVILEGE OF THE FLOOR

 

Mr. Dominic Bellardo, 2343 Lewis St., expressed his concern re a drainage problem on his property.  He asked about the status of a Town drainage project that should alleviate the problem.  Highway Superintendent Shellhouse addressed the matter.  He explained that the Ellicott Highway Dept. would begin the drainage project in Spring 2003.

 

Mr. David Leitch, 3126 N. Main St. Ext., commented on a proposal to establish a special Chautauqua Lake “protection and improvement” district.  Mr. Leitch stated that the Village of Mayville recently voted against establishing the district.  He expressed his concern that the proposed “home-rule” legislation to establish the Lake District was not requested by the respective local jurisdictions.

 

Mr. Robert Woodard, 257 E. Elmwood Ave., Falconer, also commented on the proposed Chautauqua Lake “protection and improvement” district.  Mr. Woodard asked whether a legal notice was published re the “home rule” legislation.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notice of Public Hearing from the Village of Falconer Zoning Board of Appeals.

2.      Notice re the annual So. Tier West Local Government Conference.

 

TOWN OFFICERS’ REPORTS

 

Councilman Lodestro reported on the status of the Lyndon Blvd. Reconstruction Project.  He noted that there are still several problems to be resolved pertaining to the project.  However, Mr. Lodestro recommended that the Town make the final payment to the contractor.

 

RESOLUTION #59-03

Final Payment (C. Destro)

 

Motion by Councilman Lodestro, seconded by Supervisor Tyler to pay the amount of $61,878.51 to C. Destro Development Co. Inc. for services conducted regarding the reconstruction of Lyndon Blvd.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Town Clerk Erlandson reported that the Ellicott Information Technology Committee recently retained Benjamin Burdo as a computer consultant for the Town of Ellicott.  Mr. Erlandson stated that the cost of the consultant would be $80.00 per hour.  He noted that monies are available in the 2003 budget to cover the expense.

 

Mr. Erlandson also reported that he would be meeting with representatives of the Jamestown BPU to discuss the possibility of receiving free Internet service from the BPU.

 

Supervisor Tyler asked Highway Superintendent Shellhouse about the status of repairs on a section of Strunk Rd. north of Moon Rd.  Mr. Shellhouse stated that the Ellicott Highway Dept. would begin repairs on the road as soon as weather permits.

 

OLD BUSINESS

 

Permit for Herbicide Application (Chautauqua Lake) – Mr. George Anderson, Chautauqua Lake Partnership, reported that the application for an aquatic herbicide permit has been completed.  He reminded that Town Council that the herbicide would be applied to certain areas of Chautauqua Lake to control the proliferation of Eurasian milfoil.  Mr. Anderson updated the Council re the permit process & discussed N.Y. State DEC guidelines.  He distributed copies of the application and related documents.  Councilman Miller asked that the Council review letters of concern re the proposed herbicide application.

 

RESOLUTION #60-03

Herbicide Application

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the Ellicott Town Supervisor to sign an application to the New York State Dept. of Environmental Conservation for a permit to apply an aquatic herbicide to certain areas of Chautauqua Lake.

 

Adopted.                                 Ayes - 5                                Noes - 0                           Absent -0

 

Traffic Safety Concerns: Fairmount Ave. Tabled until the April 7, 2003 meeting. 

 

Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that the Jamestown Board of Public Utilities would soon begin installing curb boxes on the new waterline located on Camp St. Ext., east of Swanson Rd.

 

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that a plan to install municipal water service to Orchard Rd. couldn’t proceed until the Town of Ellicott receives easements from three property owners.  Town Clerk Erlandson & Attorney Lasker noted that the three property owners each received a letter requesting an easement.  However, to date, the Town has not received a reply.  Mr. Erlandson will attempt to contact the property owners.

 

Home Rule Legislation (Chautauqua Lake Protection & Improvement District) – Supervisor Tyler asked the Council to review proposed Legislation re the creation of a Chautauqua Lake Protection & Improvement District.

 

NEW BUSINESS

 

Financial Report (Justice Court) – Town of Ellicott Justice Marilyn Gerace presented a report re the financial operation of the Town of Ellicott Court.  She discussed the fiscal distribution & disbursement procedures.  Ms. Gerace also distributed a three-year summary report outlining how the caseload in the Ellicott Court has increased during that time period.  She answered a number of questions re the matter.
 

RESOLUTION #61-03

Advertise for Bids (Highway Materials)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing the Ellicott Highway Superintendent to advertise for bids for highway materials and services, bids to be returned no later than April 7, 2003 at 10:00 AM.

 

Adopted.                                 Ayes - 5                                Noes - 0                           Absent -0

 

RESOLUTION #62-03

Budget Transfers


Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing Town of Ellicott Supervisor to make the following budget transfers:

 

Transfer the amount of $20,000.00 from Account #A601 (Accrued Liabilities) to Account #A3120.1 (Police – Personal Services).

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #63-03

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2003 current claims #236-314, inclusive, in the amount of $126,629.24 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #64-03

Convene Executive Session (re Pending Litigation, Labor Negotiations and Personnel)

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to Convene Executive Session for the purpose of discussing negotiations regarding pending litigation, the renewal of a Labor Agreement between the Town of Ellicott and Town of Ellicott CSEA employees and a personnel matter.        7:58 – 9:55 PM

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Police Chief Salary – The Council discussed setting a salary for recently appointed Ellicott Police Chief William Ohnmeiss. 

 

RESOLUTION #64-03

Police Chief Salary (Ohnmeiss)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor setting the salary of provisional Town of Ellicott Police Chief William Ohnmeiss at $59,900.00 for 2003.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 9:59 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

                                                                                   ________________________________

                                                                                    Michael C. Erlandson, Town Clerk