Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
June 6, 2005
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Deputy Highway Superintendent Piazza, Attorney Lasker, Police Chief Ohnmeiss, Legislator Spicer.
Absent: Highway Superintendent Shellhouse.
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 16, 2005 meeting as presented by the Town Clerk.
Supervisor Tyler opened a Public
Hearing re proposed Local Law #3-2005 known as the “Junk Vehicle Law of the
Town of Ellicott”. The following
public comments were heard:
Floyd Thompson, 3698 Ross Mills Rd.,
stated that he is opposed to the law.
In his opinion, the law is too restrictive – especially for farmers.
Ben Haskins, 1982 Peck Settlement Rd.
stated that he is also opposed to the law.
He pointed out that no supporters of the law are in attendance at
tonight’s Public Hearing. He feels that
the proposed regulations are excessive.
Supervisor Tyler assured Mr. Haskins that
Town officials are not trying to unduly punish residents, particularly farmers,
who might have several abandoned vehicles on their property. He explained that the law is being proposed
in response to complaints from residents throughout the Town of Ellicott about
abandoned vehicles in their neighborhoods.
He noted that the proposed law is designed simply to provide the Town’s
code enforcement officer with a quicker and more efficient method for having
“junk” vehicles removed. Councilman
Geisler pointed out that only a small minority of residents is currently
violating the Town’s abandoned vehicle law.
He explained that the new law is being proposed to address only the more
extreme junk vehicle violations.
Brian Malta, Celoron, stated that he is
in favor of the proposed law. In his
opinion, the Village of Celoron should adopt a similar law.
Supervisor Tyler closed the
Public hearing at 7:06 PM.
PRIVILEGE OF THE FLOOR
Merle Beardsley, 3597 Falconer-Kimball
Stand Rd., stated his opposition to enacting a dog leash law in the Town of
Ellicott. He feels that a leash law
might be acceptable in some of the more residential areas of the Town but not
in rural areas.
Town Clerk Erlandson read the
following items into the record:
1.
Notice
re two upcoming free animal rabies clinics.
2.
Notification
of an upcoming Regional Leadership Academy program re Cooperative Purchasing.
TOWN OFFICERS’ REPORTS
OLD BUSINESS
DEC Lease – Supervisor Tyler
reported that he has received a draft of 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.) He
asked the Town Council & Attorney Lasker to review the document before the
June 20, 2005 Town Council meeting.
Councilman Geisler asked several questions re the $10,000.00 the DEC
has agreed to pay “up front”
for the renovations involved in relocating the DEC offices from the
third floor to the first floor of the Administration Bldg. (Minutes 5/16/05) Tabled pending further review.
Grievance
(Maggio) – The Town Council discussed a grievance filed by former Town of Ellicott Police
Officer Branden Maggio. (Minutes
5/16/05) Supervisor Tyler reminded the
Council that Mr. Maggio is seeking $735.30 from the Town for medical expenses
he incurred as part of the Town of Ellicott health care “flex plan”. Mr. Tyler recommended that the Town Council
agree to pay Mr. Maggio the amount he has requested.
Resolve
Grievance (Maggio)
Motion by Supervisor Tyler, seconded by Councilman Geisler
to reimburse monies to former Town of
Ellicott Police Officer Branden Maggio
in order to resolve a grievance
Mr. Maggio filed against the Town of Ellicott (Minutes 5/16/05); and,
further, request Police Department CSEA representatives to re-open the Labor Agreement between the Town of
Ellicott and the Town of Ellicott Police CSEA Unit to discuss language
pertinent to Article 15 of the agreement pertaining to the health care “flex
plan”. (See ‘Grievance’ file for
detail)
RESOLUTION #68-05
Adopt
Local Law #3-2005 (Junk Vehicle Law)
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adopt
Town of Ellicott Local Law #3-2005 known as the “Junk Vehicle Law of the Town
of Ellicott”.
Employee Handbook –
Supervisor Tyler noted that the Town Council recently received copies of the final draft of a proposed Employee Handbook. He asked the Council to review the
draft. Councilmen Miller & Pickett
expressed several minor concerns regarding the handbook. Tabled pending further review.
RESOLUTION #69-05
Hire
Assessor (Painter)
Motion by Councilman Miller, seconded by Councilman Geisler to hire Marsha Painter, Salamanca, New York to fill the un-expired term
as the Town of Ellicott Assessor at an annual salary of $40,000.00,
term to expire September 30, 2007.
NEW BUSINESS
Chautauqua Lake Management Proposal –
Tabled pending further review.
Police Patrol in Falconer Park –
Councilman Miller reported that Falconer Rotary & the Village of
Falconer are in the process of making significant improvements to Falconer
Park. He noted that a new
$70,000.00 playground
was installed several weeks ago. He
expressed concerns about possible vandalism in the park. After discussing the matter with the Town of
Ellicott Police Chief, Mr. Miller stated that the Ellicott Police Dept. would
do its best to monitor suspicious activity in the park.
Waive Fees (Chautauqua Watershed Conservancy) –
The Town Council discussed a request by the Chautauqua Watershed Conservancy
to waive all zoning & building
permit fees incurred in conjunction with the construction of a conservation
area in the Chautauqua Lake Outlet Greenway Preserve. (Minutes 4/4/05) Councilman Miller expressed his concern that
the Town Council is waiving or refunding too many fees. In his opinion, the Council should review
its policies re waiving fees. Tabled
pending further review.
Retirement System Billing Adjustments –
Supervisor Tyler reported that he recently received a statement from the New
York State Retirement System outlining “adjustments to previous years
bills”. Mr. Tyler explained that the adjustments involve two (2) former employees who worked
for the Town of Ellicott between April 1976 and March 1979. Mr. Tyler stated that the total amount of
the adjustments is $7,373.00. However,
he pointed out that the actual amount
of the Town’s contribution is $1,111.00.
The remaining $6,262.00 is interest accrued. In his opinion, the Town should not be required to pay the
interest. He noted that the billing
error was not the Town’s fault. Mr.
Tyler recommended that NYS Retirement officials be notified that the Town will
agree to pay $1,111.00 but not the accrued interest amount. The Council concurred with Mr. Tyler.
RESOLUTION #70-05
Budget Transfers
Motion by Supervisor Tyler,
seconded by Councilman Miller authorizing Town of Ellicott Supervisor to make
the following budget transfers:
Transfer the amount of $137.70 from
Account #A1410.1 (Town Clerk – Personal Services) to Account #A1410.4 (Town
Clerk – Contractual); transfer the amount of $2,142.00 from Account
#DB9060.8 (Medical Insurance) to Account #DB9010.8 (Retirement).
Adopted.
Ayes - 5
Noes - 0
Absent - 0
RESOLUTION #71-05
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005 current
claims #576-672, inclusive, in the amount of $48,160.69 and charge to the
proper fund or account.
Adopted.
Ayes - 5
Noes - 0
Absent - 0
RESOLUTION #72-05
Executive Session (Personnel Matter)
Motion by Supervisor Tyler, seconded by Councilman Pickett to Convene
Executive Session for the purpose of discussing ongoing a personnel
matter. 7:44 PM – 7:56 PM
Adopted.
Ayes - 5 Noes - 0 Absent - 0
Motion
by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:57 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk