Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
April 5, 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.
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.
Councilman Geisler requested that the minutes
of the March 15, 2004 meeting be amended to reflect his objections to
Resolutions #54-04 and #57-04. He
stated that, in his opinion, the Town Council violated New York State Law when
it voted in Executive Session to expend public monies for an attorney and an
investigator. Mr. Geisler asked that
his objections be noted in the 3/15/04 minutes.
Motion
by Councilman Geisler, seconded by Councilman Miller to accept the amended minutes
of the March 15, 2004 meeting as presented by the Town Clerk and including the
addition of certain statements made by Councilman Geisler.
RESOLUTION #62-04
Retain Attorney re Cunningham v. Town of Ellicott (Saeli)
Motion
by Councilman Geisler, seconded by Councilman Pickett 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 - 5 Noes - 0 Absent - 0
RESOLUTION #63-04
Appoint Investigator re EEOC Complaint (Brautigam)
Motion
by Councilman Geisler, seconded by Councilman Pickett 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 - 5 Noes - 0 Absent - 0
Town Clerk Erlandson read the following items into
the record:
1.
Letter
from Sue Seamons, Director, Falconer Public Library thanking the
Ellicott Town Council for its annual donation to the library.
2.
Notice
from Christine Anderson, Director, Fluvanna Library thanking the
Ellicott Town Council for its annual donation to the library.
3.
Letter
from James Tammaro, NYS Archives congratulating Town of Ellicott
officials for successfully completing the upgrade of a records storage facility
at Town Hall.
4.
Notice
re an upcoming video program prepared by the Chautauqua Watershed
Conservancy.
5.
Designation
of restricted highway re a section of I-86 in the Town of Ellicott.
6.
Designation
of restricted highway re the replacement of a bridge on South Work St.,
Falconer.
7.
Notification
re the annual Southern Tier West Local Government Conference.
8.
Falconer
Fire Dept. Incident Report: Jan. & Feb. 2004.
TOWN OFFICERS’ REPORTS
Town Clerk Erlandson reported that National
Fuel Gas Distribution Corp. has requested an easement on Town of Ellicott
property in order to relocate gas pipelines in conjunction with the replacement
of a bridge on S. Work St.
RESOLUTION #64-04
Easement Agreement (Nat’l Fuel Gas)
Motion
by Supervisor Tyler, seconded by Councilman Geisler authorizing the Town of
Ellicott Supervisor to sign an Easement Agreement with National Fuel
Gas Distribution Corp. regarding the relocation of gas pipelines. (see ‘National Fuel’ file for detail)
Adopted. Ayes - 5 Noes - 0 Absent - 0
Attorney Lasker reported that Town of Ellicott Code
Enforcement Officer Randy Woodbury has recently been assisting the Village of
Celoron with building inspection. Mr.
Lasker noted that Mr. Woodbury has recommended that a formal agreement between
the Town & Village be drafted. Mr.
Lasker will look into the matter.
Highway Superintendent Shellhouse thanked the
Village of Falconer DPW for removing tree stumps on Town property north of the
Ellicott Administration Bldg. Mr.
Shellhouse explained that the removal would facilitate the installation of a
new fence.
Mr. Shellhouse also reported that two waterlines located on
Wicks Ave. & Delaware Ave. need to be replaced. He stated that he would get cost estimates for replacing the
lines.
Supervisor Tyler reported that he recently met with Town of
Busti and Jamestown BPU officials re extending municipal water service to
Howard Ave., Baker St. Ext. & Valerie Lane. (Minutes 3/1/04). Mr.
Tyler will continue to pursue the matter.
RESOLUTION #65-04
Accept Bids (Highway Materials & Services)
Motion by Supervisor Tyler, seconded by Councilman Pickett to accept (upon the recommendation of the Ellicott Highway Superintendent) the following bids for highway materials and services:
R.O. Proper - Diesel Fuel
R.O. Proper - Unleaded Gas
Southern
Tier Municipal & Construction Supply Co. - Pipe (State Contract)
Barmore-Sellstrom
Inc. - Tires (State Contract)
Chautauqua County Bid - Bituminous Concrete (Hot Mix Macadam) Chautauqua Co. Bid - Bituminous Liquid Asphalt, milling, bar patching, moto-
paving
Chautauqua Co. Bid - Slag & Limestone
Chautauqua Co. Bid - Ready Mix Concrete
Chautauqua Co. Bid - Nova Chip
Hy-Banks/Corbett Hill - Crushed/Washed Gravel
Waterboro Gravel Products - Screened Gravel/ROB Gravel
Adopted. Ayes - 5 Noes - 0 Absent - 0
Water Service on Royal Oaks
– Highway
Superintendent Shellhouse reported that the installation of municipal water
service in the Royal Oaks area should be completed within the next
several 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. Mr. Shellhouse also
noted that a new home is going to be constructed on Southwestern
Dr. He explained that adding a new
house to the district would reduce the overall cost per homeowner.
Reduction of DEC Office
Space –
Tabled pending further negotiations with N.Y. State Dept. of Environmental
Conservation officials.
Traffic Safety Signs on Hunt
Rd. –
Highway Superintendent Shellhouse reported that the Chautauqua Co. Dept. of
Public Facilities recently received a $2,000.00 “in-kind” service grant to
install Driver Feedback signs on Hunt Rd. (Minutes 11/17/03). He
explained that the grant would not provide enough funding to install the
signs. Mr. Shellhouse will look into alternative
funding sources.
NEW BUSINESS
RESOLUTION #66-04
Advertise for Bids (Roller)
Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the
Ellicott Highway Superintendent to advertise for bids for a new roller
for the Town of Ellicott Highway Department; bids to be received no later
than May 3, 2004 at 10:00 AM.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #67-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2004 current claims #297-429,
inclusive, in the amount of $102,580.14 and charge to the proper fund or
account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #68-04
Convene Executive Session (Personnel: Police)
Motion
by Supervisor Tyler, seconded by Councilman Pickett to Convene Executive Session for the purpose of discussing a personnel
matter involving a Town of Ellicott police officer. 7:36 PM – 7:48 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:49 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk