Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
May 3, 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 Pickett, seconded by Councilman Geisler to accept the minutes of
the April 19, 2004 meeting as presented by the Town Clerk.
Mr. Robert Woodard, 257 E. Elmwood Ave.,
Falconer, commented on the recent acceptance of a bid by the Town of Ellicott
re the preparation of an Environmental Impact Statement (Resolution #62-04,
3/25/04). The EIS regards the proposed
application of herbicides to approximately 300 acres of the south basin of Chautauqua
Lake. Mr. Woodard questioned why
the Council accepted the higher bid.
RESOLUTION #75-04
Convene Executive Session (Pending Litigation: Cunningham & Cybart)
Motion
by Supervisor Tyler, seconded by Councilman Geisler to Convene Executive Session for the purpose of discussing pending
litigation involving former Town of Ellicott Police Officer Tera Cunningham
& potential litigation involving Ellicott Police Officer Steven
Cybart. 7:05 PM – 7:30 PM
Adopted. Ayes - 4 Noes - 0 Absent - 1
Councilman
Miller arrived at 7:07 PM.
Town Clerk Erlandson read the following items into
the record:
1.
Invitation
to the annual Falconer Memorial Day Parade.
2.
Notice
re an upcoming Hazardous Waste Drop-Off Day to be held on May 22, 2004 from
9:00 Am – 2:00 PM at the Chautauqua Co. Landfill.
3.
Newsletter:
Community Assistance Program.
4.
Newsletter:
Chautauqua Watershed Conservancy.
TOWN OFFICERS’ REPORTS
Town Clerk Erlandson reported that he has
scheduled a free rabies vaccination clinic at the Ellicott Highway Garage for
May 11, 2004 from 6:00 – 8:00 PM. He
noted that he hopes to have a second clinic in the West Ellicott area later
this year.
Attorney Lasker reported that the Town has
received the final agreement with the Town of Gerry re Code Enforcement
Services (Minutes – 3/1/04).
Highway Superintendent
Shellhouse
reported that Jamestown BPU officials want to meet with Town of Ellicott
officials to discuss the expansion of municipal water service to Howard Ave.
and Baker St. Ext. Supervisor Tyler
asked Mr. Shellhouse to schedule a meeting.
Supervisor Tyler reported that he attended a
meeting with various other parties re the management of Chautauqua Lake
& the creation of a Lake District.
He stated that there would be another meeting on May 4, 2004 in the Town
of Ellery at 7:00 PM.
Accept Bids for New Roller – Tabled until the
May 17, 2004 meeting.
RESOLUTION #76-04
Agreement with Police Officer Cybart
Motion
by Councilman Geisler, seconded by Councilman Miller to accept a settlement
and release agreement between the Town of Ellicott and Town of Ellicott
Police Officer Steven L. Cybart. (See
‘Cybart, Steven’ file for detail)
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #77-04
Amend Minutes re Cybart
Motion
by Supervisor Tyler, seconded by Councilman Miller to amend Resolutions
125-03 (10/6/03), 140-03 (12/1/03) and 141-03 (12/1/03) of
the Town of Ellicott Council minutes by removing the word ‘former’ from
each resolution in order to reflect that Steven L. Cybart was a Town
employee at that time.
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 has been completed.
Water Service on Orchard Rd.
-
Highway Superintendent Shellhouse reported that the Jamestown Board of
Public utilities would be installing the final two (2) curb boxes along the new
Orchard Rd. water line.
Reduction of DEC Office
Space –
Town Clerk Erlandson reported that he received a cost estimate of
$9,050.00 for alterations to the existing bathrooms located on the ground floor
of the Ellicott Administration Bldg. currently occupied by the Elliott
Police Dept. (Minutes 4/19/04). He will continue to obtain additional
estimates. Mr. Erlandson also reported
that he has received no further correspondence from DEC officials re the
matter.
Report from Investigator re
Cunningham v. Town of Ellicott Police Dept. – Supervisor Tyler reported
that the Town received the final report from Daryl Brautigam re his investigation
of an alleged sexual discrimination complaint filed by former Town
of Ellicott Police Officer Tera Cunningham against Town of Ellicott Police
Chief William Ohnmeiss & the Town of Ellicott Police Dept. (Minutes 3/15/04). Mr. Tyler commended Mr. Brautigam for his hard work in compiling
the report. Mr. Tyler read a section of
the report’s conclusion, which states that Ms. Cunningham’s allegations are
“unfounded”. Supervisor Tyler expressed
his satisfaction with the report.
Councilman Geisler noted that Ms. Cunningham declined to be interviewed
by Mr. Brautigam during his investigation.
Town Attorney Lasker commended Mr. Brautigam for his efforts in
compiling the report. He noted that the
report is exceptionally comprehensive.
Mr. Lasker also expressed his continued support for Chief Ohnmeiss &
is confident that Mr. Ohnmeiss will be completely exonerated in the matter.
NEW BUSINESS
RESOLUTION #78-04
Hire Part-Time Police
Officer (Beichner)
Motion by Supervisor Tyler, seconded by Councilman Pickett appointing Jason
J. Beichner, Sinclairville, New York as a part-time Town of Ellicott Police Officer, effective May 3, 2004,
at a starting rate of pay of $11.22 per hour and subject to a one-year probation.
RESOLUTION #79-04
Hire Part-Time Police
Officer (Ingrao)
Motion by Supervisor Tyler, seconded by Councilman Pickett appointing Daniel
C. Ingrao, Jamestown, New York as a part-time
Town of Ellicott Police Officer, effective May 4, 2004, at a starting rate of
pay of $11.22 per hour and subject to a one-year probation.
RESOLUTION #80-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Pickett to pay 2004 current claims #495-533,
inclusive, in the amount of $25,331.34 and charge to the proper fund or
account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 7:45 PM.
Carried. Ayes - 5 Noes - 0 Absent -0
_________________________________
Michael C. Erlandson, Town Clerk