Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
July 12, 2004
at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett Deputy Town Clerk Valerie Pierce, Highway Superintendent Shellhouse. Absent: Town Clerk Erlandson.
Supervisor Tyler opened the
meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Deputy Town Clerk Valerie Pierce called the
roll.
Motion
by Councilman Miller, seconded by Councilman Geisler to accept the minutes of
the June 28, 2004 meeting as presented by the Town Clerk.
Deputy Town Clerk Pierce read the following item
into the record:
1.
Letter
from New York State Assemblyman William Parment acknowledging receipt of a
letter from the Ellicott Town Council in support of Assembly Bill 3483.
2.
Notice
from the Chautauqua County Health Dept. re recent Rabies Immunization Clinics
conducted in Dunkirk and Falconer.
TOWN OFFICERS’ REPORTS
Councilman Miller thanked Highway Superintendent Shellhouse for
the excellent work of the Ellicott Highway Dept. during the recent wet
weather. Mr. Miller noted that he
received a number of telephone calls from residents of the Willard Street area
expressing their gratitude for the Highway Department’s quick response to
problems caused by the heavy rains.
Mr. Miller also asked about the status
of the Lyndon Blvd project. Supervisor
Tyler stated that he would look into the matter.
Councilman Geisler reported that he recently
contacted Wal-Mart officials re the status of installing a traffic light
on Fairmount Ave. in front of Sam’s Club. He will keep the Town Council informed re the matter.
Mr. Geisler also commented on the
recent assessment of $24,117.00 on the Town of Ellicott by the Chaut.
Co. Dept. of Insurance (Minutes 6/28/04). Supervisor Tyler stated that a meeting would be conducted on July
29, 2004 at 10:00 AM in Mayville to address the matter. Mr. Tyler encouraged the Council members to
attend the meeting. According to Mr.
Tyler, New York State officials mandated the assessment.
Deputy Town Clerk Pierce reminded the Council that
the Town of Ellicott will be sponsoring a free rabies vaccination clinic at the
Celoron Hose Co. fire station located on Dunham Ave. in Celoron on July 17,
2004 from 11:00 AM – 1:00 PM.
Mrs. Pierce also reported
that Attorney Lasker is absent from tonight’s Council meeting because he had to
attend a Celoron Village Board meeting.
Mr. Lasker invited the Council members to telephone him if they have any
specific issues to discuss.
Highway Superintendent
Shellhouse reported
that he would be meeting with Southwestern Central School Superintendent Robert
Guiffreda on Thursday, July 15, 2004 at 8:00 AM. Mr. Shellhouse stated that he and Mr. Guiffreda will discuss
funding for the proposed road signs and traffic safety lights on Hunt Rd. He explained that he would be willing to
utilize monies from his CHIPS account to pay for the lights as long as the Town
Council agreed to reimburse the monies.
He also noted that the cost of the lights would be $12,000.00. He added that the Chaut. Co. DPW would
install the lights. The Council
discussed the matter.
Mr. Shellhouse also noted that he received
a letter from Karl P. Joslin, representing Southwestern Area Baseball. Mr. Joslin is requesting permission to
erect a batting cage at Burtis Bay Little League field. Mr. Shellhouse explained that the batting
cage would be removed at the end of each baseball season. The Town Council had no objection to the
request and directed Town Clerk Erlandson to write Mr. Joslin a letter giving
him permission to erect the batting cage.
Water Service on Orchard Rd.
– Highway Superintendent
Shellhouse reported the Ellicott Highway Dept. is conducting restoration work
on Southwestern Drive. He also reported
that a new home is being constructed on Southwestern Dr.
Reduction of DEC Office
Space – Tabled
pending further communication from DEC officials.
Enactment of Sewer Rent Law – Supervisor Tyler reported
that he received a letter from Attorney Gregory Yaw re the establishment of sewer rents for properties located in
the Town of Ellicott that are serviced by the Village of Falconer Sewer
System. Mr. Tyler explained that
because certain residences serviced by the Falconer system are actually located
outside the village the Town must adopt a resolution to enact the sewer
rents. He stated that before the
resolution may be adopted, a Public
Hearing must be conducted. Attorney
Greg Yaw addressed the Town Council re the matter. He outlined the properties that would be
subject to the proposed sewer rents & noted that there are two sewer
districts involved – the East Elmwood Avenue district and the East Main
Street district. He explained that the
rationale for adopting the resolution is to give the Town of Ellicott the
authority to re-levy unpaid sewer charges. Mr. Yaw summarized the current agreement between the Village of
Falconer and the BPU. The
agreement states that the BPU shall report to the Village the
amounts of unpaid sewer use charges.
Mr. Yaw stated that in the past, the BPU has never requested that
unpaid sewer charges be re-levied.
However, he explained that the BPU is now requesting that future
unpaid charges be re-levied by both the Village and Town. Mr. Yaw pointed out that before the unpaid
charges can be re-levied, the sewer rent resolution must first be adopted. Therefore, on behalf of the Village of
Falconer, Mr. Yaw is requesting that the Town of Ellicott enact the sewer rent
resolution. He noted that enacting the
law would not affect the Town’s master agreement with the BPU. The Council discussed the matter.
A Public
Hearing was scheduled for August 2, 2004 at 7:00 PM re the establishment of
sewer rents for properties served by the Village of Falconer Sewer System that
are located in the Town of Ellicott outside the Village of Falconer.
Shared Services Agreement w/
Village of Celoron re Code Enforcement – Tabled pending further negotiations
with Village of Celoron officials.
Vacancies on South & Center Sewer Board – Tabled.
Vacancy on Town Council – Councilman
Geisler reported that only one candidate, Robert
Heintzelman, 22 Central Ave. WE, expressed an interest in
filling the Ward 2 Ellicott Town Council position recently vacated by Brian
Taylor (Minutes 6/28/04). Mr. Geisler
stated that he & Councilman Miller interviewed Mr. Heitzelman and feel that
he would make an excellent Town Councilman.
They recommended that Mr. Heintzelman be appointed.
RESOLUTION #93-04
Appoint Town of Ellicott Councilman (Heintzelman)
Motion by Councilman Geisler, seconded by Councilman
Miller appointing Mr. Robert
Heintzelman, 22 Central Ave. WE as Ward 2 Town of Ellicott Councilman, filling
the vacancy recently created as a result of the resignation of Brian
Taylor. (Minutes 6/28/04)
NEW BUSINESS
Assessor Probationary Status – Councilman
Geisler requested that the Town of Ellicott Assessor’s probationary status be
discussed in Executive Session. He
noted that the probationary period expires on July 19, 2004.
RESOLUTION #94-04
Payment of
Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2004 current claims #774-849 inclusive,
in the amount of $37,549.54 and charge to the proper fund or account.
RESOLUTION #95-04
Convene Executive Session (Probationary Status of Assessor)
Motion
by Supervisor Tyler, seconded by Councilman Geisler to Convene Executive Session for the purpose of discussing the
probationary status of the Town of Ellicott Assessor.
7:25 – 8:00 PM
RESOLUTION #96-04
Extend Probationary Status of Town Assessor
(Stebbins)
Motion by Councilman Geisler,
seconded by Councilman Miller to extend the probationary status of Town
of Ellicott Assessor Brenda Stebbins; probationary period not to exceed
December 31, 2004.
Motion by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 8:10
PM.
_________________________________
Valerie Pierce, Deputy Town Clerk