Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
October 6,
2003 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer.
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 Taylor, seconded by Councilman Lodestro to accept the minutes of
the September 15, 2003 meeting as presented by the Town Clerk.
Motion by Supervisor Tyler upon recommendation of the Ellicott Highway Superintendent to deny a request for a temporary easement on property located on Merlin Ave. in West Ellicott.
The Town Council discussed procedural matters concerning a Public Hearing conducted by the Ellicott Town Council on Sept. 15, 2003. The Public Hearing involved a request for a temporary easement on Merlin Ave. to facilitate the removal of forest products on a parcel of land located behind the Jamestown Colony Motel on Fairmount Ave. (see Minutes 9/15/03) Councilman Geisler expressed his concern that Supervisor Tyler closed the Public Hearing improperly. He stated that Mr. Tyler closed the Public Hearing before the public had a chance to be heard. Mr. Tyler explained that he closed the Public Hearing re the easement because the Town Council had decided not to grant the easement. However, he noted that he proceeded with the Public Hearing anyway. Mr. Geisler pointed out that Mr. Tyler has now asked the Board to vote on the easement without conducting a Public Hearing. Councilman Taylor agreed with Councilman Geisler. Supervisor Tyler withdrew his motion.
Motion
by Supervisor Tyler, seconded by Councilman Geisler to schedule a Public
Hearing for October 20, 2003 at 7:00 PM regarding a proposed
request from Eagle Forest Products, Inc. for a temporary easement
from the Town of Ellicott of property located on Merlin Ave. The purpose of the proposed easement is to
facilitate the removal of forest products on Section 24, Block 1, Lot 4.1 of
the Ellicott tax map located behind the Jamestown Colony Motel.
Ms. Maribel Colby, 70 Elmwood Ave. WE
expressed her concern re the absence of a dog leash law in the Town of
Ellicott. In her opinion, West Ellicott
should have a leash law. Ms. Colby
announced her candidacy as a write-in candidate for Town of Ellicott
Supervisor.
Mr. Ben Haskins, Peck-Settlement Rd. feels
that the Town of Ellicott’s current dog control system is adequate.
Village of Celoron Mayor Richard Slagle
asked for clarification re the budget preparation process. Mr. Slagle explained that he was unable to
obtain the tentative Town Budgets from previous fiscal years. Town Clerk Erlandson stated that he does not
retain tentative budgets. Mayor Slagle
pointed out that according to New York State retention laws, tentative budgets
must be retained for six years.
Town Clerk Erlandson read the
following items into the record:
1.
Designation
of Restricted Highway: Chautauqua County Route 380.
2.
Notice
upcoming Planning & Zoning Conference at Chautauqua Institution.
3.
Newsletter:
Chautauqua Watershed Conservancy.
Councilman Taylor commented on a recent
shared-services agreement between the Town of Ellicott and Jamestown Board of
Public Utilities for the Town Clerk’s office to collect utility payments. Mr. Taylor asked if the Town Council had
voted on the agreement. Town Clerk
Erlandson stated that the Council did not formally vote on the matter but
simply directed him to proceed with the agreement during the April 7, 2003
meeting. He explained that it is an
informal agreement between the Town and BPU.
The Town will provide collection services in return for a high-speed
Internet connection provided by the BPU.
Councilman Geisler expressed his concerns about the agreement. Mr. Geisler feels that a formal agreement
should be adopted. He also feels that
the service should be expanded to West Ellicott and Celoron. Attorney Lasker stated that he would contact
BPU officials to discuss the matter in more detail and draft a formal
agreement. Town Clerk Erlandson will
also contact the BPU business manager to discuss the logistics of expanding
collection services to Celoron and West Ellicott.
Agreement with Jamestown BPU
Motion by Councilman Miller,
seconded by Supervisor Tyler to enter into an agreement with the Jamestown
Board of Public Utilities for the Town of Ellicott to provide collection
services in return for high-speed internet service provided by the BPU and;
further, to explore the possibility of expanding the service to West Ellicott
and Celoron.
Councilman Lodestro reported on a possible sewer
project on a section of S. Work St. Ext.
He explained that the project would involve expanding municipal sewer
service to six property owners. He
stated that the owner of Cusimano’s Collision, 2597 S. Work St. Ext.
requested the sewer service. Highway
Superintendent Shellhouse discussed the matter. Engineer Rex Tolman outlined further details concerning the
proposed project. He distributed
drawings of the proposed sewer line. He
stated that the approximate cost of installing the sewer line would be
$4,500.00 per property. Mr. Shellhouse
will contact the Director of the Greater Jamestown Empire Zone to
determine if other funding sources might be available.
Councilman Geisler commented on a notice of
claim against the Town of Ellicott filed by former Town of Ellicott Assessor
Patricia Eimers. The Council discussed
the matter.
Supervisor Tyler reported that he met with
the owner of a property located behind the Jamestown Colony Motel. Mr. Tyler stated that the owner does not
intend to clear-cut the property. His
plans are to install a fence around the perimeter of the property.
Bond Resolution (Camp St.
Ext. Water Service)
Motion by Councilman Lodestro, seconded by Supervisor Tyler authorizing the
issuance of $145,000.00 serial bonds of the Town of Ellicott to pay the cost of
the increase and improvement of the facilities of the Town of Ellicott
comprehensive water district along a section of Camp St. Ext. east of Swanson
Road. (see ‘Camp St. Water’ file for
detail)
Contract with Ellicott
Police Chief – Tabled pending
discussion in Executive Session.
Water Service On Royal Oaks – Engineer Tolman reported
that the survey for the project has been completed. He added that the design should be completed by next week.
Water Service on Orchard Rd.
–
Highway Superintendent Shellhouse reported that the installation of the water
line on Orchard Rd. is underway.
Motion by Supervisor Tyler, seconded
by Councilman Taylor to schedule a Public Hearing for October 20, 2003
at 7:05 pm to review an Environmental
Assessment Form on Introductory Local Law #3-2003 re the proposed rezoning
of a section of the Falconer-Kimball Stand Road (Rte. 380).
Motion by Supervisor Tyler,
seconded by Councilman Taylor to schedule a Public Hearing for October
20, 2003 at 7:10 pm to review an
Environmental Assessment Form on Introductory Local Law #4-2003 re the
proposed rezoning of a section of North main Street Ext. (Rte. 60).
Tentative Budget (2004) - Supervisor Tyler presented
the Tentative Budget for Town of
Ellicott fiscal year 2004. He stated
that the proposed Town of Ellicott tax rate for 2004 is $3.11 per
thousand. The proposed Village tax rate
is $3.03 per thousand. Mr. Tyler will
schedule budget meetings with each department head.
RESOLUTION #122-03
Budget Transfers
Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing Town
of Ellicott Supervisor to make the following budget transfers:
Transfer the amount of $6,533.08 from Account #A1990.4 (Contingency) to Account
#A1355.1 (Assessor – Personal Services); transfer
the amount of $325.01 from Account #A1420.4 (Attorney - Equipment) to
Account #A1680.4 (Data Processing – Contractual); transfer the amount of $1,024.86 from Account #B3620.4 (Safety
Inspection - Contractual) to Account #B9060.8 (Medical Insurance)
RESOLUTION #123-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2003 current claims #1078-1146,
inclusive, in the amount of $29,915.31 and charge to the proper fund or
account.
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #124-03
Convene Executive Session (Labor Negotiations & Pending Litigation
re a Labor Matter)
Motion
by Supervisor Tyler, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing labor
negotiations between the Town of Ellicott and the Town of Ellicott Police Union
regarding the renewal of a labor agreement and pending litigation regarding a
labor matter. 8:15 – 8:40 PM
Adopted. Ayes - 5 Noes - 0 Absent - 0
RESOLUTION #125-03
Retain Attorney (Cybart matter)
Motion
by Supervisor Tyler, seconded by Councilman Miller to retain Attorney Joseph Saeli,
Jr. at a fee of $150.00 per hour for a maximum of 10 hours to represent
the Town of Ellicott in a Section 71 hearing against former Town of Ellicott
employee Steven Cybart.
Motion
by Supervisor Tyler, seconded by Councilman Miller to adjourn at 8:42 PM.
Carried. Ayes - 5 Noes - 0 Absent - 0
_________________________________
Michael C. Erlandson, Town Clerk