Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
April 7, 2003
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Police Chief Ohnmeiss.
Absent: Councilman Miller, Councilman Taylor.
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 Geisler to accept the minutes of
the March 17, 2003 meeting as presented by the Town Clerk.
Mr. Steve Arnone, 3363 Strunk Rd, expressed
his concern re a section of Strunk Rd. between Moon Rd. & W. Oak Hill
Rd. He read a prepared statement
outlining the deteriorating condition of the road. According to Mr. Arnone, the condition of the road has become an
urgent public safety matter. He
requested that the Ellicott Highway Dept. upgrade the road as soon as possible.
Ms. Wendy Lindquist, 3367 Strunk Rd., also commented
on the condition of Strunk Rd. She
asked the Ellicott Highway Superintendent to address the matter.
Mr. David Leitch, 3126 N. Main St. Ext.,
commented on a proposal to establish a special Chautauqua Lake “protection and
improvement” district. He expressed
concerns re the financial implications of forming such a district.
Mr. Robert Woodard, 257 E. Elmwood Ave.,
Falconer, also commented on the proposed Chautauqua Lake “protection and
improvement” District. Mr. Woodard
asked the Town Council to consider the financial implications involved in
forming the district.
Town Clerk Erlandson read the
following items into the record:
1.
Notice
re the annual So. Tier West Local Government Conference.
2.
Notice
from U.S. Energy Development Corp. re its intent to begin natural
gas-drilling operations on a property located on Peck Settlement Rd.
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 addressed pertaining to the project.
In particular, Mr. Lodestro pointed out that there are two major breaks
in the sewer line. A meeting with the
project engineer & contractor was held on April 3, 2003 to resolve the
matter. He pointed out that the
contractor would begin repairing the line within the next several weeks.
Town Clerk Erlandson reported that he met with representatives of the Jamestown BPU to discuss the possibility of receiving free Internet service from the BPU. Mr. Erlandson explained that in return for the free service the BPU has asked the Town Clerk’s office to collect utility payments from Falconer area residents. He outlined the benefits of installing the line & pointed out that the Town will be able to reduce its current Internet charges. Mr. Erlandson recommended that the Town agree to the arrangement on a trial basis. The Council gave him permission to proceed.
Highway Superintendent Shellhouse outlined plans to upgrade the section of Strunk Rd. between Moon Rd. & W. Oak Hill Rd. He and Engineer Rex Tolman answered a number of questions re the plan. Mr. Shellhouse stated that the Highway Dept. would begin work on the road as soon as weather permits. He added that the project should be completed later this year.
RESOLUTION #67-03
Response to DEC (Herbicide Application)
Motion
by Councilman Geisler, seconded by Councilman Lodestro approving a letter of
response to the New York State Dept. of Environmental Conservation
regarding concerns related to the proposed application of aquatic herbicide
to certain areas of Chautauqua Lake.
Adopted. Ayes - 3 Noes - 0 Absent - 2
Home Rule Legislation (Chautauqua Lake Protection
& Improvement District) – Supervisor Tyler
reported that a Public Meeting
would be held in the next several months to discuss proposed legislation
concerning the creation of a Chautauqua Lake Protection &
Improvement District. Mr. Tyler stated
that the meeting would be held in Celoron on either May 6, 2003 or June 3,
2003. Mr. Tyler will confirm the date
at the April 21, 2003 meeting.
Traffic Safety Concerns: Fairmount Ave. – Tabled pending completion of New York State Dept.
of Transportation Study
Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that the Jamestown Board of Public Utilities has begun installing curb boxes on the new waterline located on Camp St. Ext., east of Swanson Rd.
Water Service on Orchard Rd. – Town Clerk Erlandson reminded the Town Council that a plan to install municipal water service to Orchard Rd. from Howard Ave. couldn’t proceed until the Town of Ellicott received easements from three property owners. (Minutes 3/17/03) However, Mr. Erlandson reported that one of the property owners has refused to grant the Town an easement. Supervisor Tyler reported that he and Councilman Taylor will meet with Town of Busti and Village of Lakewood officials to determine the feasibility of connecting to an existing water line located on Southwestern Dr. in the Town of Busti.
Contract w/ Celoron Hose Co. – Councilman Geisler asked about the status of a Fire Protection Contract between the Celoron Hose Co. & the Town of Ellicott. Supervisor Tyler reported that the agreement has been finalized. (see ‘Celoron Hose Co.’ file for detail)
NEW BUSINESS
Health Insurance Committee –
Town Clerk Erlandson reported that Councilman Miller has requested that a
committee be formed to review health insurance matters involving Town of
Ellicott employees. The committee will
consist of Councilman Geisler and members of the two (2) CSEA labor unions.
Appoint
Committee (Noise Ordinance) – Supervisor Tyler appointed a committee to study the possibility of
adopting a noise ordinance for the Town of Ellicott. The
committee consists of Councilmen Lodestro, Councilman Miller & Code
Enforcement Officer Woodbury.
RESOLUTION #68-03
Re-appointment to Board of Assessment Review (Lloyd)
Motion by Supervisor Tyler, seconded by Councilman Lodestro reappointing Jean Lloyd, 4 Houston Ct. WE, to a five-year term
on the Ellicott Board of Assessment Review, term to expire September 30, 2007.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #69-03
Appointment to Board of Assessment Review (Rizzo)
Motion by Supervisor Tyler, seconded by Councilman Lodestro appointing Paul Rizzo, 15 Carlton Ave., Falconer to fill an un-expired term on the Ellicott Board of Assessment Review, term
to expire September 30, 2003.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #70-03
Waive Sign Permit Fee (Bethel Baptist Academy)
Motion by Councilman Lodestro, seconded by Supervisor Tyler to waive
the fee for a temporary sign permit at the Bethel Baptist Academy, 200 Hunt Rd.
WE.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #71-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2003 current claims #316-435,
inclusive, in the amount of $56,808.92 and charge to the proper fund or
account.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #72-03
Convene Executive Session (Personnel Matter)
Motion
by Supervisor Tyler, seconded by Councilman Geisler to Convene Executive Session for the purpose of discussing a personnel
matter. 7:40 – 7:50 PM
Adopted. Ayes - 3 Noes - 0 Absent - 2
Labor Grievance Hearing (Johnson) –
Retired Town of Ellicott Police Sergeant Timothy
Johnson and his CSEA representative, Ms. Penny Gleason,
addressed the Town Council re a labor grievance
filed by Mr. Johnson. The grievance
involves reimbursement for prescription drugs.
Ms. Gleason explained that in 2002 the $2.00
generic/$6.00 brand-name drug co-pay feature was increased to $6/$10. She pointed out that since the $2/$6 rate
was specified in the 2000-2003 labor agreement, the Town is required to reimburse
CSEA employees the difference between the new rate and the contractual
rate. In Ms. Gleason’s opinion, Mr.
Johnson is entitled to the reimbursements as well since he retired under the
current labor agreement. However,
Town Attorney Lasker feels that Mr. Johnson does not qualify
for the reimbursement because he is no longer a member of the CSEA bargaining
unit. Mr. Lasker also pointed out that
the labor agreement does not specifically address prescription drug co-pay for
retirees. He advised the Council not to
grant Mr. Johnson’s request. The
Council discussed the matter. Mr.
Johnson’s request for reimbursement was denied.
RESOLUTION #73-03
Purchase of New Police Cars
Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the
Town of Ellicott Police Chief to purchase two (2) new police cars from De Lacy Ford, Buffalo, New York at a total cost to the Town of
Ellicott of $40,000.00.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #74-03
Hire Part Time Police Officer (Ward)
Motion by Supervisor Tyler, seconded by Councilman Lodestro appointing Robert
Ward, Ashville, New York as a part
time Town of Ellicott Police
Officer, effective April 8, 2003, at a starting rate of pay of $10.89 per hour
and subject to a one-year probation.
Adopted. Ayes - 3 Noes - 0 Absent - 2
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:20 PM.
Carried. Ayes - 3 Noes - 0 Absent - 2
________________________________
Michael C. Erlandson, Town Clerk