Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
May 16, 2005
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer. Absent: Councilman Miller.
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 May 2, 2005 meeting as presented by the Town Clerk.
PRIVILEGE OF THE FLOOR
Pam Piazza, Celoron, read a statement
re the possible formation of “neighborhood watch” programs throughout the Town
of Ellicott.
Nedra Anderson, Celoron, also read a statement
re a proposed “neighborhood watch” group.
She clarified several misconceptions concerning the intentions of the
proposed group.
Brian Malta, Celoron, commented on the
proposed “neighborhood watch” program.
He would like various neighborhood watch groups throughout the Town to
meet periodically.
Donald Castle, 2 Wembley Dr., expressed
his displeasure re a recent increase in his property assessment. In his opinion, the re-assessment was
excessive. Supervisor Tyler
outlined the steps involved for residents to protest their assessments. He advised Mr. Castle to meet with the Town
of Ellicott Assessor as soon as possible to discuss his re-assessment. Mr. Tyler also noted that residents unhappy
with their assessments should appear before the Board of Assessment Review on
May 24, 2005.
Nancy Castle, 2 Wembley Dr., also
expressed her concern about the recent re-assessment. She is concerned that residents will ultimately be priced out of
their homes.
Robert Shaul, 179 Royal Oaks, also noted
that his property assessment was recently increased. He expressed his concern re the increase and feels that the
re-assessment was arbitrary and unjustified.
Supervisor Tyler opened Step 4 of a grievance
hearing involving former Town of Ellicott Police Officer Branden Maggio. (See ‘Grievance’ file for detail) CSEA labor specialist Penny Gleason stated
that the grievance involves Article 15 of the Labor Agreement between the Town
of Ellicott and the Town of Ellicott Police CSEA Unit. Specifically, Ms. Gleason noted that Article
15 stipulates that police employees may take part in a health care “flex
plan”. She pointed out that
$1,200.00 is allocated each calendar year to those employees who participate in
the flex plan. Ms. Gleason explained
that Mr. Maggio expended $1,104.50 of his allotted flex plan allocation during
the first 3˝ months of 2005. In April
2005, Mr. Maggio resigned his position with the Town of Ellicott Police
Dept. & is no longer employed by the Town.
Ms. Gleason stated that the company that administers the flex plan has
refused to reimburse Mr. Maggio the entire $1,104.50 because he did not
work the full calendar year. A company
official told Mr. Maggio that the flex-plan is “pro-rated” and, therefore, he
is only entitled to $369.20. However,
in Ms. Gleason’s opinion, this is a violation of the labor agreement since the
agreement does not stipulate that the flex plan is “pro-rated”. Therefore, she feels that Mr. Maggio is
entitled to the remaining $735.30 & requested that he be compensated that
amount. Supervisor Tyler noted
that he recently denied Mr. Maggio’s request in Step 3 of the grievance
procedure. He reminded Ms. Gleason that
the issue was discussed during contract negotiations late last year
& it was understood by both parties that employees had to work a full year
in order to be entitled to the full $1,200.00 flex plan benefit. CSEA Police Unit President James Jaroszynski
commented on the matter. According to
Mr. Jaroszynski, pro-rating the flex plan was not discussed during contract
negotiations. Attorney Lasker asked
Ms. Gleason several questions re when an employee becomes eligible for the full
benefit. In her opinion, an employee is
eligible for the full $1,200.00 on January 1 of each year. The Council discussed the matter &
decided to table its decision re the grievance until the June 6, 2005 Town
Council meeting. Town Clerk Erlandson
was directed to write a letter to the CSEA asking for a waiver of the mandatory
ten-day time period the Council has to make a determination re a
grievance.
Town Clerk Erlandson read the
following items into the record:
1.
Notification
of an upcoming forum re health insurance & small business.
2.
Notice
of an upcoming teleconference re Local Government Cooperation.
3.
Newsletter:
Chautauqua County Chamber of Commerce.
4.
Newsletter:
Community Assistance Program.
TOWN OFFICERS’ REPORTS
Councilman Heintzelman reported that he, Councilman Geisler, Town Clerk Erlandson & Attorney Lasker reviewed the proposed Employee Handbook before tonight’s Town Council meeting. (Minutes 2/7/05 et. seq.) He noted that the handbook is nearly complete and asked that the matter be put on the agenda for the June 6, 2005 Council meeting.
Councilman Geisler also asked for clarification
re a letter he received from Village of Celoron Mayor Thomas Bartolo. The letter concerned the paying of boarding
fees for a dog that was impounded in Celoron in November 2004. The Mayor has requested that the Town of
Ellicott pay the $35.00 boarding fee incurred by the Village as a result of the
impoundment. Town Clerk Erlandson
outlined the details surrounding the impoundment. He explained that the dog owner was cited for harboring a
“dangerous dog” & the matter was adjudicated in the Town of Ellicott
Court. Supervisor Tyler stated that
since the matter involved the Town Court, the Town would reimburse the Village
for the boarding fee.
Town Clerk Erlandson reported that Falconer
Rotary would be conducting its first annual “Festival in the Park” on May 28,
2005 at Falconer Village Park.
Mr. Erlandson also asked the Council for
permission to conduct a free rabies clinic at the Town of Ellicott highway
garage in July 2005. The Council gave
him permission to proceed.
Code Enforcement Officer Woodbury
expressed
his concerns re the condition of certain sections of property along Route 60
north of Cassadaga Valley Central School. He feels that the municipalities that encompass the properties
should address the situation in order to make the Route 60 corridor more
attractive.
OLD BUSINESS
DEC Lease – Town Clerk
Erlandson reported that the NYS Office of General Services has approved
a lease agreement between the Town
of Ellicott and the NYS Dept. of Environmental Conservation. The agreement concerns the leasing of office
space in the Town of Ellicott Administration Bldg. by the DEC. (Minutes 1/3/05 et. seq.) Mr. Erlandson added that OGS has also
agreed to pay $10,000.00 “up front”
for the renovations involved in relocating the DEC offices from the
third floor to the first floor of the Administration Bldg. However, he noted that OGS officials
have stipulated that the renovations must be “completed to their satisfaction”
before they would pay the $10,000.00.
The Council asked Mr. Erlandson to contact OGS officials to
clarify what constitutes “satisfaction”.
Proposed Local Law #3-2005 – The Town Council
reviewed proposed Town of Ellicott Local Law #3-2005 pertaining to “junk
vehicles”.
Motion
by Supervisor Tyler, seconded by Councilman Pickett to schedule a Public
Hearing for June 6, 2005 at 7:00 PM regarding introductory Town of
Ellicott Local Law #3-2005 known as the “Junk Vehicle Law of the Town of
Ellicott”.
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 &
5/2/05) Upon the advice of Mr.
Erlandson & Code Enforcement Officer Woodbury the Town Council agreed to
refund the fee.
RESOLUTION #64-05
Refund
Zoning Application (Signs by Peterson)
Motion by Supervisor Tyler, seconded by Councilman
Geisler authorizing the Town Supervisor to refund
two hundred dollars ($200.00) to Signs by Peterson for a variance fee.
NEW BUSINESS
RESOLUTION #65-05
STOP-DWI Contract
Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the
Town of Ellicott Supervisor to sign a
contract between the Town of Ellicott and Chautauqua County regarding STOP-DWI services for fiscal year 2005
– 2006; contract to expire on March 1, 2006.
(see ‘STOP-DWI’ file for detail)
Adopted.
Ayes - 4 Noes - 0 Absent - 1
RESOLUTION #66-05
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005
current claims #493-575, inclusive, in the amount of $74,539.66 and charge
to the proper fund or account.
Adopted.
Ayes - 4
Noes - 0
Absent - 1
Motion
by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:15 PM.
Carried. Ayes - 4 Noes - 0 Absent - 1
_________________________________
Michael C. Erlandson, Town Clerk