Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
May 2, 2005 at
7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, 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 Heintzelman, seconded by Councilman Geisler to accept the minutes
of the April 4, 2005 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 to be held
at Houghton College on May 12, 2005.
2.
Notification
of Liquor License Renewal: Good Time Saloon, 590 Fairmount Ave.
3.
Notice
of Special Election for the New York State Senate 57th District to
be held on May 10, 2005.
4.
Notice
from the Fredonia College Foundation that Town of Ellicott resident Joan
Patrie, will be receiving a Distinguished Service Award for her volunteer work.
Motion by Supervisor Tyler,
seconded by Councilman Geisler, directing Town Clerk Erlandson to write a
letter to Joan Patrie congratulating her for receiving the Distinguished
Service Award for her volunteer work.
5.
Letter
from N.Y. State Dept. of State that Town of Ellicott Local Laws 1-2005 &
2-2005 have been received and filed.
6.
Notice
re an upcoming Chautauqua Lake Policy & Management meeting.
7.
Several
letters addressing the traffic safety situation along Fairmount Ave. near Tanglewood
Manor.
8.
2005
Calendar of Events sponsored by the Chautauqua Co. Chamber of Commerce.
9. Notifications re an upcoming golf tournament
sponsored by the Chautauqua Region Community Foundation.
TOWN OFFICERS’ REPORTS
Councilman Miller reported that he, Councilman Pickett & Town Clerk Erlandson are looking into several alternatives in regards to filling the Town of Ellicott Assessor position which will be vacant beginning, July 1, 2005. (Minutes 1/17/05) He noted that the Town committee has met with City of Jamestown officials to discuss the possible sharing of assessing services. Mr. Miller also noted that an employment ad was recently placed in the Jamestown Post-Journal.
Councilman Heintzelman reported that he has been working with Councilman Geisler and Town Clerk Erlandson to compile a comprehensive Employee Handbook for Town of Ellicott employees. (Minutes 2/7/05) He stated that a first draft of the proposed handbook has been completed. Mr. Heintzelman asked the Council to review the document.
Mr. Heintzelman also asked the Council if they had reviewed a proposed junk vehicle law that Ellicott Code Enforcement Officer Woodbury recently distributed. Mr. Heintzelman explained that Mr. Woodbury has recommended that the Ellicott Town Council adopt a similar junk vehicle law. He asked Attorney Lasker and the Council to review the proposed law before the next Council meeting.
Highway Superintendent
Shellhouse
reported that he met with Chautauqua Co. traffic safety officials to discuss a
request to install a stop sign at the intersection of Sycamore and S. Hanford
in West Ellicott. (Minutes 4/4/05) According to Mr. Shellhouse, county
officials feel that a stop sign is not warranted at that location. However, he noted that the Town Council
could authorize the sign to be installed if it desired.
Supervisor Tyler reported that he attended a
meeting in the Village of Celoron on April 19, 2005 re the establishment of a
‘neighborhood watch’ group. He
explained that the group is interested in expanding the ‘neighborhood watch’
program throughout the Town of Ellicott.
Village of Falconer Mayor David Krieg stated that he received several phone calls
re the matter. However, he added that
no one has formerly contacted him concerning the formation of a town-wide
‘neighborhood watch’ group. He added
that he is not sure of the viability of a town-wide ‘neighborhood watch’
program. Village of Celoron Trustee Warren Gertsch expressed his concerns re the proposed
‘neighborhood watch’ group. He pointed
out that the Village of Celoron already has an active ‘neighborhood watch’ group. He feels that a second group composed of
Celoron residents should not be permitted to conduct activities outside the
Celoron since the Village cannot assume liability for such a group. Supervisor Tyler responded that the proposed
neighborhood watch group does not intend to operate outside of Celoron. In his opinion, this group only intends to
be part of a larger more comprehensive ‘neighborhood watch’ program & the
recent meeting was simply informational in nature. However, Mr. Tyler thinks it would be a good idea for the
Ellicott Police Dept. to conduct educational meetings throughout the Town of
Ellicott re how to form ‘neighborhood watch’ programs. He noted that once the various groups are
formed they could then meet periodically to discuss issues and compare
experiences. Councilmen Geisler &
Heintzelman asked several questions re the matter. Village of Celoron Mayor
Thomas Bartolo commented on the
proposed ‘neighborhood watch’ group. In
his opinion, ‘neighborhood watch’ groups should be localized since people in
one section of the Town may not be familiar with problems in another
neighborhood. Furthermore, he does not
see the need for a second group. Mayor
Krieg stated that, at the present time, he will recommend to the Village Board
that the Village of Falconer not become involved in a town-wide ‘neighborhood
watch’ program.
DEC Lease – Town Clerk
Erlandson reported that he spoke with a representative from the NYS Office
of General Services earlier today re the proposed lease agreement between the Town of Ellicott and the NYS Dept.
of Environmental Conservation.
(Minutes 1/3/05 et. seq.)
According to Mr. Erlandson, OGS officials have tentatively agreed to the terms of the lease. Tabled pending reply from NYS Office of
General Services.
Expansion of Water Service
(Howard Ave./Baker St. Ext./Valerie Lane) – Supervisor Tyler reported that a
questionnaire was recently mailed to residents of Howard Ave., Baker St. Ext.
& Valerie Lane to determine how many homeowners are interested in receiving
municipal water service.
Forty-eight (48) questionnaires were mailed. Town Clerk Erlandson reported on the results of the survey. He stated that 40 responses were received
and only 16 homes are interested in receiving water. The Town Council decided not to pursue the project.
NEW BUSINESS
Labor Grievance (Maggio) –
Supervisor Tyler reported that former Town of Ellicott Patrolman Branden Maggio
has filed a grievance against
the Town of Ellicott. Mr. Tyler
explained that the grievance involves the amount of compensation Mr. Maggio
received through the Town’s health care ‘flex plan’. He added that Mr. Maggio is requesting $1,083.50 in compensation
from the flex plan. However, according
to Mr. Tyler, since Mr. Maggio only worked for the Town for three months he is
not entitled to that amount. (see
‘Grievances’ file for detail)
Therefore, he denied Mr. Maggio’s request.
Refund Variance Fee (Peterson) –
Town Clerk Erlandson reported that Signs & Sales By Peterson has
requested a refund of
their application fee to the Ellicott Zoning Board of Appeals in
conjunction with the placement of a sign at the proposed Starbuck’s
site. (Minutes 12/6/04) The Town Council asked Town Clerk Erlandson
to look into whether the company ever appeared at a ZBA meeting. Tabled pending further review.
RESOLUTION #59-05
Purchase of New Dump Truck
Motion by Councilman Pickett, seconded by Supervisor Tyler authorizing the
Ellicott Highway Superintendent to purchase a new single-axle dump truck
chassis at a cost to the Town of Ellicott of $78,000.00 and; further, to
purchase a dump body and plow equipment for the dump truck at an additional cost
to the Town of Ellicott of $35,000.00.
Adopted.
Ayes - 5
Noes - 0 Absent - 0
Hire Two (2) Part-time Police Officers – Ellicott Police Chief William Ohnmeiss
asked the Town Council for permission to hire two (2) part-time
patrolmen for the Ellicott Police Dept.
He explained his rationale for hiring the officers and distributed
activity reports listing calls responded to by the Ellicott Police Dept. to
date in 2005. He feels that hiring 2
part-time officers will reduce
overtime for the full-time
officers. He also explained that the
Ellicott Police Dept. has traditionally employed six (6) part time
officers. At present, only four (4)
positions are filled. Furthermore,
Chief Ohnmeiss explained that due to Civil Service constraints part-time
officers are only permitted to work a certain number of annual hours. According to Mr. Ohnmeiss, six part-time
officers will maximize the efficiency of the police dept.
RESOLUTION #60-05
Hire Part-Time Police
Officer (Pierce)
Motion by Supervisor Tyler, seconded by Councilman Pickett to hire Kevin J.
Pierce, Jamestown, New York as a part-time
Town of Ellicott Police Officer, effective May 2, 2005, at a starting rate of
pay of $11.22 per hour and subject to a one-year probation.
RESOLUTION #61-05
Hire Part-Time Police
Officer (Laurin)
Motion by Supervisor Tyler, seconded by Councilman Pickett to hire Michael
D. Laurin, Jamestown, New York as a part-time
Town of Ellicott Police Officer, effective May 3, 2005, at a starting rate of
pay of $11.22 per hour and subject to a one-year probation.
Dog
Leash Law – Councilman Pickett asked about the possibility of
enacting a dog leash law
in the Town of Ellicott. Supervisor
Tyler discussed some of the ramifications of a leash law. Attorney Lasker explained some of the
difficulties involved in having leash laws only in certain areas of the
Town. The Town Council discussed the
matter. Councilman Pickett will meet
with Attorney Lasker to look into the matter further.
RESOLUTION #62-05
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2005
current claims #400-492, inclusive, in the amount of $86,873.37 and charge
to the proper fund or account.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
RESOLUTION #63-05
Executive Session
Motion by Supervisor Tyler, seconded by Councilman Geisler to Convene
Executive Session for the purpose of discussing ongoing litigation
involving a former Town of Ellicott Police Officer. 8:11 - 8:45 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:45 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk