Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
November 1,
2004 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, 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.
PUBLIC
HEARING (2005 Preliminary Budget)
Supervisor Tyler opened a Public Hearing re the Town of Ellicott Preliminary Budget for fiscal year
2005. The following public comments were heard.
Lucian Lodestro, 11 Anderson Ave. asked
Supervisor Tyler why the Preliminary Budget was not completed until today. In his opinion, the Town of Ellicott
taxpayers have not had a sufficient opportunity to review the proposed budget.
Supervisor Tyler closed the
Public Hearing at 7:03 PM.
Motion
by Councilman Miller, seconded by Councilman Miller to accept the minutes of
the October 18, 2004 meeting as presented by the Town Clerk.
Mr. James
Jaroszynski,
President, CSEA Police Unit of Local 807 expressed his concern that the NorthAmericare HMO health care plan is
no longer being offered to Town of Ellicott Police employees as specified in
the current Labor Agreement between the Town of Ellicott and the CSEA Police
Unit. He reminded the Town Council that
according to Article 15 of the Labor Agreement “any change in the carrier of
Health Insurance coverage can only be with approval of CSEA”. Therefore, according to Mr. Jaroszynski, the
Town Council violated the contract.
However, Mr. Jaroszynski stated that the Police Unit would not pursue a
grievance at this time since negotiations regarding a new contract are
currently underway. However, he noted that
the Police Unit reserves the right to file a grievance at a later date. Councilman Geisler acknowledged that
in January 2001, the Council voted to opt out of the NorthAmericare
plan. However, he explained the NorthAmericare
plan dissolved in January 2001. (He
noted that Univera purchased the company at that time.) Therefore, Mr. Geisler stated
that the Town Council had no choice but to abandon the plan. In his opinion, the Council did not violate
the Labor Agreement. He recommended
that the Council rescind its vote of January 2001. Mr. Todd Beckerink, Vice President CSEA Police Unit of
Local 807 stated that he would like to see the matter addressed during the
negotiation process. Councilman
Heintzelman asked why the union representatives are just now addressing the
situation since the alleged violation occurred over three years ago. Mr. Beckerink replied that the union was
just recently made aware of the matter.
He feels that the Police Unit should have been notified that the NorthAmericare
plan was being cancelled. Mr.
Jaroszynski pointed out that if a police officer wanted to “opt in” to the NorthAmericare
plan it would be impossible to do so.
Retired Town of Ellicott Police Officer, Timothy Johnson, 2141
Camp St. Ext., stated that the Town Council had an obligation to replace the NorthAmericare
plan at the time it dissolved.
Town Clerk Erlandson read the following items into
the record:
1.
Notice
of an upcoming dinner to be sponsored by the Chautauqua County Conference of
Mayors & the Chautauqua Co. Town Supervisors’ Association.
2. Notice of an upcoming Zoning & Planning
Conference to be conducted by Southern Tier West Regional Planning &
Development Board.
3.
Notification
of an upcoming seminar to be conducted by So. Tier West re “grant seeking for
resource development”.
4.
Notice
from the New York Dept. of State that Town of Ellicott Local Law
#1-2004 has been received & filed.
5.
Falconer Fire Dept. Incident Report: August & Sept. 2004.
6.
Newsletter:
Chautauqua Opportunities.
TOWN OFFICERS’ REPORTS
Councilman Geisler reported that the Ellicott Insurance
Committee would be conducting a health care informational forum on November 18,
2004. He explained that a
representative of the insurance industry would be attending the meeting as well
as representatives from the two Town of Ellicott CSEA Units. Mr. Geisler added that negotiations with the
CSEA Units re a new labor agreement would take place following the forum.
Mr. Geisler also reported that Village of Celoron Mayor
Richard Slagle recently pointed out several assessment errors on property
located in the Village. Mr. Geisler
added that the errors involve veterans’ exemptions & stated that he would
contact the Town of Ellicott Assessor re the matter.
Town Clerk Erlandson reported that Chautauqua
Co. DPW officials have assured him that the road construction currently in
progress on S. Work St. in front of the Ellicott Administration Bldg. will be
scaled back on Election Day in order not to impede residents from voting at the
building.
Supervisor Tyler commented on the Town of Ellicott’s zoning
code regarding political signs. Mr.
Tyler recommended that the Town Council appoint a committee to look into the
matter.
Expansion of Water Service
(Howard Ave./Baker St. Ext.) – The Town Council reviewed a feasibility study
submitted by Engineer Rex Tolman re the expansion of municipal water service to
a section of Howard Ave., Baker St. Ext. & Valerie Lane. (Minutes 10/18/04) The Council discussed the three (3) options
outlined in the study. The Council
agreed to conduct an informational hearing for residents of the area
sometime in the near future. Tabled
until the Nov. 15, 2004 meeting.
Water Service on Orchard Rd.
– Highway Superintendent
Shellhouse reported that all work on the project has been completed. He stated that he would have the final cost
figures for the project prepared by the Nov. 15, 2004 meeting.
Preliminary Budget (2005) – Supervisor
Tyler scheduled a budget meeting for Nov. 10, 2004 at 5:00 PM. Tabled until the Nov. 15, 2004 meeting.
Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for November 15, 2004 at 7:00 PM regarding the proposed Town of Ellicott Preliminary Budget for fiscal year 2005.
Adopted. Ayes - 5 Noes - 0 Absent - 0
Relocation of DEC Offices – Town Clerk Erlandson reported that he
received floor plans from the New York State Dept. of Environmental
Conservation re the re-location of their existing offices from the third
floor of the Ellicott Administration Bldg. to the first floor currently
occupied by the Ellicott Police Dept. He
reminded the Town Council that, as part of the relocation plan, the Police
Dept. would be moving to the third floor (Minutes 4/19/04 et. seq.). Mr. Erlandson explained that the floor plan
involves modifications that would have to be made to the first floor in
order to accommodate the DEC. (Minutes 10/4/04) He also explained that
the Ellicott Police Chief has requested several minor changes to the third
floor as well. Mr. Erlandson noted that
Town of Ellicott Code Enforcement Officer Randy Woodbury is preparing a set of bid
specifications re the overall re-location project. He asked the Council for permission to advertise
for bids.
RESOLUTION #122-04
Advertise
for Bids (Re-location of DEC Offices)
Motion by Supervisor Tyler,
seconded by Councilman Miller authorizing the Ellicott Town Clerk to advertise for bids regarding modifications to the first and third floors of the Town of Ellicott
Administration Building in conjunction with the re-location of the New York
State Dept. of Environmental Conservation offices currently located on the
third floor. (See ‘DEC Relocation’ file
for detail)
Status of Employee Health
Insurance
– Tabled pending further review.
Vacancy on Planning Board –
Town Clerk Erlandson reminded the Town Council that Becky
Holmstrom, Celoron, recently resigned
from the Town of Ellicott Planning Board.
He was directed by the Town Council to contact a potential candidate
from Celoron re his interest in serving on the Planning Board. (Minutes 10/28/04) Mr. Erlandson stated that the candidate has agreed to serve on
the Planning Board.
RESOLUTION #123-04
Appointment to Planning Board (Shanahan)
Motion by Supervisor Tyler, seconded by Councilman
Geisler appointing Paul Shanahan, 15 Maple Street,
Celoron to fill an unexpired term on the Town of Ellicott Planning Board;
term to expire December 31, 2004.
Adopted. Ayes – 5 Noes - 0 Absent – 0
RESOLUTION #124-04
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 $1,079.01 from Account #A7110.4 (Parks – Personal Services) to Account #A7110.1 (Parks – Contractual); transfer the amount of $837.00 from Account #A1620.4 (Buildings - Contractual) to Account #A1420.4 (Attorney - Contractual); transfer the amount of $795.44 from Account #A1620.4 (Buildings - Contractual) to Account #A1680.4 (Data Processing – Contractual); transfer the amount of $20,000.00 from Account #A9010.8 (Retirement) to Account #A9060.8 (Medical Insurance); transfer the amount of $18,721.68 from Account #A9015.8 (Police Retirement) to Account #A9060.8 (Medical Insurance); transfer the amount of $1,058.85 from Account #B9010.8 (Retirement) to Account #B9060.8 (Medical Insurance); transfer the amount of $758.97 from Account #A1620.4 (Buildings - Contractual) to Account #A1670.4 (Central Printing - Contractual).
RESOLUTION #125-04
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #1206-1251
inclusive, in the amount of $47,205.36 and charge to the proper fund or
account.
Motion by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:47
PM.
_________________________________
Michael C. Erlandson, Town Clerk