Minutes of a Regular Meeting of the

Town Council of the Town of Ellicott

held at the Administration Building,

215 S. Work Street, Falconer, N.Y. on

June 20, 2005 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Police Chief Ohnmeiss, Legislator Spicer. 

 

Absent: Councilman Geisler.

 

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. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Miller, seconded by Councilman Pickett to accept the minutes of the June 6, 2005 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                               Noes - 0                                Absent - 1

 

CORRESPONDENCE

          

            Town Clerk Erlandson read the following items into the record:

 

1.      Newsletter: Chautauqua County Chamber of Commerce.

 

TOWN OFFICERS’ REPORTS

 

Town Clerk Erlandson reported that he has scheduled a free rabies vaccination clinic at the Ellicott Highway Garage for July 26, 2005 from 6:00 - 8:00 PM.  He stated that Dr. Timothy Rice would be administering the vaccinations.  Mr. Erlandson thanked Dr. Rice for volunteering his time.

 

Highway Superintendent Shellhouse commented on a letter he received from an attorney representing Joseph C. Magnio, 1960 Southwestern Dr.  The letter concerns a drainage problem on Mr. Magnio’s property.  Mr. Shellhouse explained the situation to the Town Council.  Attorney Lasker will contact Mr. Magnio’s attorney to discuss the matter.

 

            OLD BUSINESS

 

DEC Lease – The Council discussed a draft of a proposed lease agreement from the New York State Office of General Services.  (Minutes 6/6/05)  The agreement concerns the leasing of office space in the Town of Ellicott Administration Bldg. by the New York State Dept. of Environmental Conservation.  (Minutes 1/3/05 et. seq.)  Councilman Pickett stated that he would like clarification from the DEC re several aspects of the proposed agreement.  The Council also questioned the logistics concerning the $10,000.00 that the DEC has agreed to pay “up front” for renovations involved in relocating the DEC offices from the third floor to the first floor of the Administration Bldg.  (Minutes 5/16/05)  Attorney Lasker & Town Clerk Erlandson will contact OGS officials to ask for clarification re these matters.  Tabled pending further review.  (see ‘DEC Lease’ file for detail)

 

Employee Handbook – The Council discussed the final draft of an employee handbook compiled by Councilman Heintzelman, Councilman Geisler & Town Clerk Erlandson (Minutes 2/7/05).  The Council discussed the handbook.  Councilman Pickett expressed several concerns re the handbook.  In particular, Mr. Pickett asked for clarification as to whether the document applies to all employees.  He pointed out that union employees already have specific benefits agreements.  Mr. Heintzelman stated that the new handbook applies only to full-time, non-union employees.  However, he noted that certain sections of the proposed handbook – specifically those involving matters not related to benefits – might apply to union as well as non-union employees.  Councilman Heintzelman suggested that the handbook be divided into two separate sections: a Policies & Procedures Handbook and Employee Fringe Benefits.

 

RESOLUTION #73-05

Adopt Employee Handbook

 

Motion by Councilman Heintzelman, seconded by Councilman Pickett to adopt an Employee Policies and Procedures Handbook and a Full-Time, Non-Union Employee Fringe Benefits Handbook.

 

Adopted.                           Ayes - 4                                Noes - 0                               Absent – 1

 

Local Waterfront Revitalization Program – Tabled pending further review.

 

Waive Fees (Chautauqua Watershed Conservancy) – The Town Council discussed a request by the Chautauqua Watershed Conservancy to waive all zoning & building permit fees that will be incurred in conjunction with the construction of a conservation area in the Chautauqua Lake Outlet Greenway Preserve.  (Minutes 6/6/05)  The Council discussed the matter.  The Council reviewed a list of fees that have been waived since Jan. 1, 2003.  Councilman Miller expressed his concern that the Council is waiving or refunding too many fees.  In his opinion, the Council should review its policies re waiving fees.  Supervisor Tyler suggested that Town officials meet with John Jablonski, Executive Director of the CWC to determine what fees would be involved during construction of the conservation area.

 

School Resource Officer - Ellicott Police Chief Ohnmeiss reported that Southwestern Central School and Falconer Central School have each requested the Ellicott Police Dept. to provide a School Resource Officer.  He explained that both schools would like a SRO at the school at least several days each week during school hours.  Chief Ohnmeiss noted that until recently the Chautauqua Co. Sheriff’s Dept provided the SROs.  However, he reminded the Council that grant funding for the program was recently terminated.  Therefore, he stated that the County would no longer be providing an officer.  The Council discussed the schools’ request.  Supervisor Tyler feels that more details are needed before the Council can make a decision re the matter.  Attorney Lasker stated that he would look into the implications of the request.  Town Clerk Erlandson added that he would contact the Town’s insurance company to determine if any potential liability issues might be involved.  Tabled pending further review.

 

NEW BUSINESS

 

Speed Limit on Ross Mills Rd. – Town Clerk Erlandson reported that he received a request from several residents of Ross Mills Rd. to lower the speed limit on the road to 35 mils per hour.  Highway Superintendent Shellhouse reminded the Council that speed limits can only be changed upon approval of the NYS Dept. of Motor Vehicles.  The Council will request the DMV to look into the matter.

 

Town Clerk Erlandson reminded the Council that there would be no Town Council meeting on July 4, 2005 in observance of Independence Day.  The next meeting will be held on July 18, 2005.

 

RESOLUTION #74-05

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to pay 2005 current claims #673-719, inclusive, in the amount of $49,468.22 and charge to the proper fund or account.

 

Adopted.                           Ayes - 4                                Noes - 0                               Absent – 1

 

Motion by Supervisor Tyler, seconded by Councilman Miller to adjourn at 7:44 PM.

 

Carried.                            Ayes - 4                                Noes - 0                               Absent – 1

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk