Minutes of a Regular Meeting of the
Town Council of the Town of Ellicott
held at the
Administration Building,
December 1,
2003 at 7:00 P.M.
Present: Supervisor Tyler, Councilman Lodestro, Councilman Miller, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.
Absent: Councilman Geisler, Councilman Taylor.
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.
Councilman Lodestro pointed
out an error in the November 17, 2003 minutes pertaining to Resolution #136-03:
‘Councilman Lodestro’ did not second the motion.
Motion
by Councilman Lodestro, seconded by Councilman Miller to accept the amended minutes
of the November 17, 2003 meeting as presented by the Town Clerk.
Town Clerk Erlandson read the
following items into the record:
1.
Letter
from Karin Hallberg, 156 Frederick Blvd. WE re a drainage problem in front of
her home.
2.
Notice
of an upcoming teleconference for newly elected officials.
3.
Reminder
that the annual Falconer Volunteer Firemen’s Association Christmas Party
will be held on Friday, Dec. 5, 2003.
Councilman Miller reported that he recently
attended a meeting of the Falconer Zoning Board of Appeals concerning a
variance for a property located at the SE corner of S. Work St. & E.
Elmwood Ave.
Mr. Miller also reported that he would
be attending a meeting of the Falconer Fire Advisory Board on Dec. 2,
2003.
Councilman Lodestro reported on an article in
the Buffalo News re the escalating costs of the New York State Retirement
System for local municipalities.
RESOLUTION #140-03
Contract
w/ Joseph Saeli (re Legal Services for Ellicott Police Dept.)
Motion by Supervisor Tyler, seconded by Councilman
Miller accepting a contract with Joseph F. Saeli, Jr. at a cost to the
Town of Ellicott of $150.00 per hour and Sarah
Tollner at a cost to the Town of Ellicott of $125.00 per hour to provide legal services for the Town of Ellicott Police Department
for advice and representation concerning employment law matters concerning a Section 71 hearing against former Town of Ellicott
employee Steven Cybart. (see ‘Police:
Correspondence’ file for detail)
RESOLUTION #141-03
Extend
Hours of Attorney (Saeli)
Motion by Supervisor Tyler, seconded by Councilman
Lodestro extending
to fifteen (15) the maximum number of hours that Attorney Joseph
Saeli, Jr. may be retained by the Town of Ellicott Police Department for
the purpose of representing the Town of Ellicott in a Section 71 hearing
against former Town of Ellicott employee Steven Cybart (see ‘Resolution
#123-03’); and, further, that Mr. Saeli and Town of Ellicott officials meet
to discuss the matter should it be necessary for Mr. Saeli to extend his
services beyond the authorized fifteen (15) hours.
Status of Police Chief – The Council
discussed the probationary status of Town of
Ellicott Police Chief William Ohnmeiss.
Attorney Lasker commented on the matter and distributed documents re Civil
Service Law pertaining to probationary status.
Tabled until the Dec. 15, 2003 meeting.
Water Service On Royal Oaks
- No
Report.
Water Service on Orchard Rd.
–
Highway Superintendent Shellhouse reported that the installation of the water
line on Orchard Rd. has been completed.
Mr. Tyler noted that a number of residents have connected to the new
water line.
Vacancies of ZBA &
Planning Board – Town Clerk Erlandson reported that he placed an advertisement
in the Jamestown Post-Journal for candidates to serve on the Ellicott
Zoning Board of Appeals & the Ellicott Planning Board. He reminded the Town Council that there
would be one vacancy on both the ZBA & the Planning Board,
effective January 1, 2003. Mr.
Erlandson stated that he received three (3) responses to the ad. He noted that the Town now has a total of nine
(9) individuals who are interested in serving on the Boards. The Town Council discussed the matter. Tabled until the Dec. 15, 2003 meeting.
NEW BUSINESS
RESOLUTION #142-03
BAN Renewal (Richard Ave. Bridge)
Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the
issuance and sale of a Bond Anticipation
Note in the amount of $22,000.00 for the reconstruction of the Richard Ave. Bridge. (see ‘BAN’ file for detail)
Adopted. Ayes - 3 Noes - 0 Absent - 2
Petition to Reduce Speed
Limit (Old Fluvanna Rd.) – Town Clerk Erlandson reported that he received a petition
from twenty-eight (28) Town of Ellicott residents requesting that the speed
limit on Old Fluvanna Rd. be reduced. The Town Council discussed the request. Highway Superintendent Shellhouse explained that the speed on the
road is currently 35 mph. He
added that the New York State Dept. of Transportation would not permit a
reduction of the speed limit below 30 mph.
RESOLUTION #143-03
Request Reduction in Speed Limit (Old
Fluvanna Rd.)
Motion by Supervisor Tyler, seconded by Councilman Miller requesting the New
York State Department of Transportation to reduce the speed limit
on Old Fluvanna Road from 35 mph to 30 mph.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #144-03
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 $1,200.00 from Account #A1355.2 (Assessing - Equipment)
to Account #A1355.1 (Assessor – Personal Services); transfer the amount of $1,309.00 from Account #A1355.2 (Assessing -
Equipment) to Account #A1355.1 (Assessor – Personal Services); transfer the amount of $69.83 from
Account #A1620.4 (Buildings – Contractual) to Account #A1680.4 (Data Processing
– Contractual); transfer the amount
of $133.96 from Account #A1620.4 (Buildings – Contractual) to Account #A9060.8
(Medical Insurance); transfer the
amount of $1,074.40 from Account #A1620.4 (Buildings – Contractual) to Account
#A1330.4 (Tax Collection – Contractual); transfer
the amount of $7,354.00 from Account #A6460.4 (Industrial Development) to
Account #A1910.4 (Unallocated Insurance); transfer
the amount of $13,386.26 from Account #A6460.4 (Industrial Development) to
Account #A9010.8 (Employee Retirement); transfer
the amount of $4,015.00 from Account #A6460.4 (Industrial Development) to
Account #A9015.8 (Police Retirement); transfer
the amount of $13,386.26 from Account #A6460.4 (Industrial Development) to
Account #DB9010.8 (Employee Retirement).
RESOLUTION #145-03
Payment of Claims
Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2003 current claims #1357-1360,
inclusive, in the amount of $37,316.05 and charge to the proper fund or
account; and, further, to pay 2003
current claims #1361-1423, inclusive, in the amount of $329,370.46 and
charge to the proper fund or account.
Adopted. Ayes - 3 Noes - 0 Absent - 2
RESOLUTION #146-03
Convene Executive Session (Pending Litigation re a Labor Matter)
Motion
by Supervisor Tyler, seconded by Councilman Lodestro to Convene Executive Session for the purpose of discussing pending
litigation regarding a labor matter.
7:23 PM – 7:37 PM
Adopted. Ayes - 3 Noes - 0 Absent - 2
Motion
by Supervisor Tyler, seconded by Councilman Lodestro to adjourn at 7:38 PM.
Carried. Ayes - 3 Noes - 0 Absent - 2
________________________________
Michael C. Erlandson, Town Clerk