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

December 19, 2001 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Hendrickson, Councilman Lodestro, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Duncanson, Code Enforcement Officer Woodbury, Legislator Spicer.             Absent: Councilman Miller.

 

Supervisor Tyler opened the meeting at 7:00 P.M. and led the Town Council in the Pledge of Allegiance.  Town Clerk Erlandson called the roll. 

 

APPROVAL OF MINUTES

 

Motion by Councilman Lodestro, seconded by Councilman Hendrickson to accept the minutes of the December 5, 2001 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                               Noes - 0                                Absent - 1

 

            PRIVILEGE OF THE FLOOR

 

Ms. Karen Rine, President, Chautauqua Lake Partnership, commented on an upcoming special meeting re the milfoil problem in Burtis Bay.

 

Mr. James Emborsky, Old Fluvanna Rd., commented on the New York State Environmental Quality Review (SEQR) process in regards to implementing a herbicide program on Chautauqua Lake.

 

Ms. Susan Weaver, 170 Lakeside Blvd. WE, distributed several documents concerning the control of milfoil.

 

Legislator Spicer reported that the Town of Ellicott would receive $40,000.00 from Chautauqua County as reimbursement for the cleanup of the former Jamestown Sterling site on Allen St. Ext.

 

            Town Clerk Erlandson read the following items into the record:

1.      Notice of application to construct a cellular tower in the Town of Ellery.

2.      Falconer Fire Incident Reports: October & November 2001.

 

TOWN OFFICERS’ REPORTS

 

Councilman Lodestro reported that the funding sources for the proposed reconstruction of Lyndon Blvd. have yet to be agreed on.  He will continue to meet with Chautauqua County officials and representatives of the Greater Jamestown Empire Zone to resolve the matter.

Town Clerk Erlandson reminded the Council that the grand opening for the new Home Depot facility on Fairmount Ave. is Dec. 20, 2001.

 

Highway Superintendent Shellhouse reported that the Ellicott Highway Dept. has nearly completed the reconstruction of a storm sewer on Wicks Ave.  He also reported that the Highway Dept. is repairing a guardrail on Old Fluvanna Rd.

 

Supervisor Tyler reported that he would schedule a special meeting regarding the milfoil problem in the Burtis Bay area.  The meeting will include residents, Chautauqua County officials and representatives from the Chautauqua Lake Association.

 

Mr. Tyler also reported that the Building Maintenance Superintendent has asked if he can remove three (3) toilet stalls in the men’s restroom located in the basement of the Ellicott Administration Bldg.  The superintendent will meet with the Ellicott Code Enforcement Officer to ensure that the removal of the stalls does not violate any building codes.

 

OLD BUSINESS

           

Agreement w/ Chautauqua County (Airport Sewer Line) – Attorney Duncanson recommended that the Ellicott Town Supervisor sign a proposed municipal cooperation agreement between Chautauqua County and the Town of Ellicott re the Airport Hill Sanitary Sewer contingent upon resolving several matters involving the sewer line.

 

Buffalo-Willard Water Project – Town Clerk Erlandson reported that a number of residents have paid all or a portion of their share of the capital charges for the new Buffalo-Willard water line. 

 

Code Revisions – The Council discussed the proposed code revisions presented by Councilman Hendrickson at the Dec. 5, 2001 meeting.  Attorney William Wright & Code Enforcement Officer Woodbury answered a number of questions re the proposed revisions.  They also explained the Zoning Committee’s rationale for some of the changes.  Councilman Taylor stated that he is dissatisfied with certain sections of the proposed code, especially concerning parking.  He feels it is too restrictive.  Mr. Woodbury responded that the Ellicott Planning Board has the authority to supersede the code.  Attorney Duncanson expressed concerns about several of the proposed changes.  He & Mr. Wright discussed the proposed provisions concerning cellular towers.  The Council discussed how to proceed with the code revisions.  Mr. Wright will make several modifications to the code revisions as suggested by the Council.  According to Attorney Wright the proposed revisions constitute a Type I action and, consequently, are subject to a full environmental review in accordance with the N.Y State Environmental Quality Review Act (SEQRA).  Mr. Wright stated that he could prepare an environmental impact statement (EIS) for approximately $2,000.00.   

 

RESOLUTION #155-01

Retain Attorney to Prepare Environmental Impact Statement (Wright)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to retain Attorney William Wright for the purpose of preparing an Environmental Impact Statement (EIS) in conjunction with proposed revisions to the Town of Ellicott code, at a cost to the Town of Ellicott not to exceed $2,000.00.

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

RESOLUTION #156-01

Schedule Public Hearing (Code Revisions)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to schedule a Public Hearing for Jan. 16, 2002 at 7:00 PM regarding proposed revisions to the Town of Ellicott code.

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

Renovation of Administration Building – Councilman Hendrickson distributed a cost analysis re the renovation of the Ellicott Administration Building to date.  Mr. Hendrickson also discussed the progress of the renovations.  He noted that several change orders need to be approved.  However, he pointed out that the proposed changes would result in an overall savings for the Town of Ellicott.

 

RESOLUTION #157-01

Accept Change Orders (Building Renovation)

 

Motion by Councilman Hendrickson, seconded by Councilman Lodestro to accept change orders for general construction and electrical services in conjunction with the renovation of the Ellicott Administration Building.  (see ‘Building Renovation’ file for detail)

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

Vacancy on Town of Ellicott Planning Board – Tabled pending interview of candidates.

 

Water/Sewer Service on Fluvanna Ave. Ext. & Orchard Rd. – Councilman Taylor is looking into the viability of installing water & sewer service in the Fluvanna area.  In Mr. Taylor’s opinion, the Town should move forward with installing water service along Orchard Rd. as soon as possible.  Supervisor Tyler will contact the Town of Busti Supervisor to discuss the possibility of sharing costs and/or services related to installing a water line on Orchard Rd.

 

NEW BUSINESS

 

RESOLUTION #158-01

BAN (Renovation of Building)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the issuance and sale of a Bond Anticipation Note in the amount of $498,000.00 for the renovation of the Ellicott Administration Building in Falconer, New York.  (see ‘BAN’ file for detail)

 

Adopted.                                 Ayes - 4                               Noes - 0                           Absent - 1

 

Organizational Meeting (2002) – The Council scheduled the 2003 Town of Ellicott Organizational Meeting for January 2, 2002 at 7:00 PM.

 

Councilman Hendrickson resigned from the Chautauqua Lake Waterfront Revitalization committee.  The Council thanked Mr. Hendrickson for serving on the committee.

 

RESOLUTION #159-01

Budget Transfers

 

Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing Town of Ellicott Supervisor to make the following budget transfers:

 

Transfer the amount of $117.80 from Account #A1620.4 (Buildings - Contractual) into Account #A7510.4 (Historian - Contractual); transfer the amount of $4,231.50 from Account #A1620.4 (Buildings - Contractual) into Account #A1420.4 (Attorney - Contractual); transfer the amount of $305.00 from Account #A1620.4 (Buildings - Contractual) to Account #A1680.4 (Data Processing – Contractual); transfer the amount of $1,872.06 from Account #A1990.4 (Contingency) to Account #A1110.4 (Justice – Contractual); transfer the amount of $1,307.27 from Account #A9080.8 (Retirement) to Account #A1110.4 (Justice – Contractual); transfer the amount of $7,404.74 from Account #A1620.4 (Buildings - Contractual) to Account #A9060.8 (Hospital & Medical); transfer the amount of $1,039.04 from Account #A9010.8 (Retirement) to Account #A9060.8 (Hospital & Medical).

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

RESOLUTION #160-01

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro, to pay current claims 1506-1569, inclusive, in the amount of $91,064.23 to the proper fund or account.

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

           

Motion by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 9:05 PM.

 

Carried.                              Ayes – 4                                       Noes – 0                              Absent - 1

 

 

 

   ________________________________

                                                                                               Michael C. Erlandson, Town Clerk