Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
June 7, 2004
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Miller, Councilman Pickett, Councilman Taylor, Town Clerk Erlandson, Attorney Lasker, Legislator Spicer, Deputy Highway Superintendent Piazza. Absent: Councilman Geisler, 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 Miller, seconded by Councilman Taylor to accept the minutes of
the May 17, 2004 meeting as presented by the Town Clerk.
Mr. Thomas Stewart, 48 N. Hanford WE stated
that his residence was flooded during the recent thunderstorms. He explained that the existing drainage pipe
near his home is plugged. In his
opinion, the plugged drainage pipe is the cause of the flooding. He asked the Council for assistance in getting
the pipe cleaned. He also suggested
that the existing pipe might need to be replaced with a larger one. Deputy Highway Superintendent Piazza
addressed the matter. He noted that the
Ellicott Highway Dept. is aware of the problem & is looking into the cost
of replacing the drainage pipe.
Supervisor Tyler stated that he would instruct the Ellicott Code
Enforcement Officer to look into whether recent expansion at Brigiotta’s may
be a contributing factor.
Mr. Vincent Gerace, 381 Hunt Rd. WE reported
on a recurring drainage problem at his residence. He explained that his garage always gets flooded after a heavy
rainfall. Mr. Gerace distributed photos
showing the extent of the most recent flooding. He discussed the various causes of the problem. In his opinion, the construction of a cell
tower on the hill behind above his home is a major cause. He explained that the construction of the
access road in conjunction with the tower has affected the direction of the
water flow down the hill. In addition,
he feels that the existing drainage pipes are inadequate to handle the increased
flow. Mr. Gerace suggested several
solutions to alleviate the condition.
He asked the Council to address the situation. He noted that the Town was first notified about the problem in
2000. Mr. Gerace officially put the
Town Council on notice regarding the drainage problem. Engineer Rex Tolman addressed the
matter. He explained that he recently
conducted a study concerning the problem.
He outlined his findings for the Council & discussed the options for
alleviating the condition. His main
recommendation is that a detention pond be constructed on the cell tower
property. Supervisor Tyler will look
into the possibility of directing the owners of the cell tower to construct a
detention pond on their property.
Legislator Spicer commented on the drainage
problems in the Town of Ellicott. He
recommended that the Town address the various drainage problems as soon as
possible.
Town Clerk Erlandson read the following item into
the record:
1.
Notice
of an upcoming Public Hearing in the Town of Ellery.
TOWN OFFICERS’ REPORTS
Town Clerk Erlandson reported that the Celoron
Hose Company has agreed to allow the Town of Ellicott to conduct a free rabies
vaccination clinic at their facility on Dunham St. The Town Council gave Mr. Erlandson permission to proceed with
setting up the clinic.
Mr. Erlandson also reported that he and Town Attorney
Lasker have begun compiling information re extending the terms of Town of
Ellicott elected officials to four years.
Supervisor Tyler requested that the flags at all Town of
Ellicott facilities be flown at half-mast until July 2, 2004 in honor of former
U.S. President Ronald Reagan who recently passed away.
Mr. Tyler stated that he received letters from the
Town of Ellicott Police & Highway CSEA Units requesting to commence
negotiations for new labor agreements that would be effective January 1,
2005. Town Clerk Erlandson was directed
to acknowledge receipt of the letters.
RESOLUTION #84-04
Accept Bid (New Roller)
Motion by Councilman Pickett, seconded by Supervisor Tyler to accept a
bid from Anderson Equipment Company,
Buffalo, New York in the amount of $84,5750.00 for an Ingersoll-Rand Roller.
Shared Services Agreement w/
Village of Celoron re Code Enforcement – Councilman Miller reported that he and
Councilman Geisler recently met with Village of Celoron officials to discuss
the possibility of sharing code enforcement services w/ the Town of
Ellicott. Tabled pending further
negotiations.
Water Service on Orchard Rd.
– Deputy Highway
Superintendent reported that restoration work is underway along Orchard
Rd. & Southwestern Dr.
Reduction of DEC Office
Space - Tabled
pending further communication from DEC officials.
Vacancies on South & Center Sewer Board –
Town Clerk Erlandson reminded the Council that there are three vacancies on the South & Center Sewer Board. He stated that he has contacted several
individuals who might be interested in serving on the Board. However, to date he has not received any
firm commitments.
NEW BUSINESS
RESOLUTION #85-04
STOP-DWI Contract
Motion by Councilman Miller, seconded by Councilman Pickett 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
2004. (see ‘STOP-DWI’ file for detail)
RESOLUTION #86-04
Collateral Source Bill
Motion by Supervisor Tyler, seconded by Councilman Taylor urging the New York
State Legislature to enact Collateral Source Bill (S.622/A.3483) which
would eliminate the present inequity under which only municipalities and
other public employers must pay what amounts to a plaintiff’s double recovery
for lost future earnings in personal injury lawsuits when such a lawsuit is
brought against the public employer by one of its employees.
New Computer Server for Town Offices –
The Council discussed replacing the existing computer server at the Ellicott Administration Bldg. Town of Ellicott Computer Specialist Police
Sgt. Matthew Kubinski & Town Clerk Erlandson addressed the matter &
answered a number of questions. The
Council discussed the options re whether to purchase or lease the server.
RESOLUTION #87-04
Lease New Server
Motion by Supervisor Tyler, seconded by Councilman Miller to lease a
new computer server from Dell Computers at an annual cost to the Town of
Ellicott of $2,321.01 for four years.
Vacancy on Zoning Board of Appeals – Town
Clerk Erlandson reported that David Remington is resigning from the Ellicott
Zoning Board of Appeals, effective June 29, 2004.
RESOLUTION #88-04
Budget Transfers & Adjustments
Motion by Supervisor Tyler, seconded by Councilman
Miller authorizing Town of Ellicott Supervisor to make the following budget
transfers and adjustments:
Decrease the appropriation in Account
#DA5120.4 (Bridges) by $3,179.00; decrease the appropriation in the Fund
Balance by $3,179.00; transfer the amount of $11,242.90 from Account #A1990.4
(Contingency) to Account #A1420.4 (Attorney – Contractual).
RESOLUTION #89-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Pickett to pay 2004 current claims #596-670,
inclusive, in the amount of $78,417.95 and charge to the proper fund or
account.
Motion
by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 7:53 PM.
Carried.
Ayes - 4 Noes - 0 Absent - 1
_________________________________
Michael C. Erlandson, Town
Clerk