215 S. Work Street, Falconer, N.Y. on

January 17, 2005 at 7:00 P.M.

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.

Absent: Councilman Pickett.

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.

APPROVAL OF MINUTES

Motion by Councilman Miller, seconded by Councilman Heintzelman to accept the minutes of the January 3, 2005 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 1

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notice of liquor license renewals: Moonbrook Country Club, N. Main St. Ext. & Alfie’s Restaurant, 986 Fairmount Ave. WE.

2. Newsletter: Chautauqua County Chamber of Commerce.

3. Falconer Fire Dept. Incident Report: Oct. – Dec. 2004.

TOWN OFFICERS’ REPORTS

Councilman Miller reported that the Falconer Fire Advisory Board is meeting with other fire departments to discuss a possible mutual aid plan.

Councilman Geisler asked about the possibility of rotating the location of Town Board meetings. He suggested that one meeting each month be conducted in either Celoron or Fluvanna. He asked that the matter be placed on the agenda for the Feb. 7, 2005 meeting.

Town Clerk Erlandson reported that he would be collecting property taxes at the Celoron Village Hall on Saturday, Jan. 29, 2005 from 10:00 AM – 1:00 PM.

Town Attorney Lasker reported that he is reviewing several claims against the Town of Ellicott re property assessment complaints.

Mr. Lasker also reported that he reviewed the new CSEA Agreements with Town of Ellicott employees. He stated that he found no problems with the agreements.

Highway Superintendent Shellhouse reported that he attended a Chautauqua Co. Emergency Management meeting on Jan. 6, 2005.

Supervisor Tyler congratulated Town Clerk Erlandson for being selected as a member of the class of 2005 Chautauqua Leadership Network.

OLD BUSINESS

RESOLUTION #32-05

Adopt Labor Agreement w/ Ellicott Highway/Office Employees

Motion by Supervisor Tyler, seconded by Councilman Geisler to ratify a labor agreement between the Town of Ellicott and the CSEA Local 100 AFSCME, AFL-CIO, the certified union for the Town of Ellicott General Unit 6314 of Local 807; effective dates of the agreement are January 1, 2005 through December 31, 2006. (See ‘Highway/Office Employees CSEA Labor Agreement’ file for detail)

Adopted. Ayes - 4 Noes - 0 Absent - 1

Agreement with SPCA – Supervisor Tyler reported that he and Town Clerk Erlandson met with Jeff Lubi, Director, Chaut. Co. Humane Society on Jan. 4, 2005 re a proposed Animal Holding Agreement contract (Minutes 12/20/04 et. seq.). Mr. Tyler stated that the agreement regards the housing & euthanasia of stray dogs and cats. He reminded the Town Council that the proposed new agreement includes extreme fee increases. He explained that he expressed his concerns about the fees to Mr. Lubi. He asked Mr. Lubi if the fees could be phased in over a period of time. Mr. Lubi expressed doubts about whether that was possible but agreed to look into it. Town Clerk Erlandson distributed a packet of information re dog control. The packet included information re cost estimates for dog control in 2005. It also included information re the Town’s responsibilities for dog control in accordance with the New York State Ag & Markets Law. Mr. Erlandson discussed the Town’s options should the Council opt not to renew the contract with the Humane Society. He stated that area veterinary services have no interest in providing housing for stray dogs and cats. He added that local boarding operations are also not interested. Mr. Erlandson briefly outlined the Town’s responsibilities for establishing and maintaining a municipal dog shelter as stipulated in Article 7, Section 115 of the N.Y. State Ag & Markets Law. In his opinion, it would be cost prohibitive for the Town to establish its own shelter. He also noted that the Town of Ellicott Dog Control Officer, Larry Belin, feels that it would not be in the Town’s best interest to establish its own shelter. Mr. Erlandson reported that he has contacted several Towns re their interest in establishing an inter-municipal agreement for dog control. He noted that several Towns have expressed an interest and he will continue to pursue the matter. He also explained that the Town could raise its dog impoundment fee above the current $10.00 to offset the increase in the Humane Society’s fees. The Council discussed the various options and agreed to adopt the contract for 2005 while continuing to look at alternative solutions.

RESOLUTION #33-05

Contract w/ Humane Society (Animal Holding Agreement)

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the Town of Ellicott Supervisor to sign an Animal Holding Agreement between the Chautauqua County Humane Society and the Town of Ellicott for fiscal year 2005. (see ‘Chaut. Co. Humane Society’ file for detail)

Adopted. Ayes - 4 Noes - 0 Absent - 1

Expansion of Water Service (Howard Ave./Baker St. Ext.) – Highway Superintendent Shellhouse reported that he is compiling information re the terminating point of the existing water line. The Town Council will set up an “informational meeting” re the proposed water line in the next several months. Tabled pending further review.

NEW BUSINESS

BAN Renewal (Buffalo-Willard Water Service) - Supervisor Tyler reported that the a Bond Anticipation Note in the amount of $780,000.00 will be renewed on Jan. 21, 2005 for the increase and improvement of the Town of Ellicott Comprehensive Water District in the Buffalo St. Ext. – Willard St. Ext. area. (see ‘BAN’ file for detail)

Resignation of Town Assessor – Supervisor Tyler reported that he received a letter of resignation from Town of Ellicott Assessor Brenda Stebbins, effective July 1, 2005.

RESOLUTION #34-05

Budget Transfers and Appropriations

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

Appropriate $700.00 in unanticipated revenues to Account #A1620.1 (Building – Personal Services); appropriate $2,222.00 in unanticipated revenues to Account #A1620.4 (Building – Contractual); appropriate $1,204.99 in unanticipated revenues to Account #DB5112.2 (Capital Outlay); appropriate $85,241.46 in unanticipated revenues to Account #DB5112.2 (Capital Outlay); transfer the amount of $2,342.64 from Account #DB5120.1 (Bridges – Personal Services) to Account #DB5120.4 (Bridges - Contractual); transfer the amount of $80.00 from Account #A1450.4 (Elections - Contractual) to Account #A3510.4 (Dog Control - Contractual); transfer the amount of $76.92 from Account #A1450.4 (Elections - Contractual) to Account #A1355.4 (Assessor - Contractual); transfer the amount of $4,180.49 from Account #A6989.4 (Economic Development) to Account #A1620.4 (Buildings – Contractual); transfer the amount of $1,000.00 from Account #A6989.4 (Economic Development) to Account #A1670.4 (Printing/Mail - Contractual); transfer the amount of $487.53 from Account #A6989.4 (Economic Development) to Account #A7110.4 (Parks – Contractual); transfer the amount of $996.30 from Account #B9010.8 (Retirement) to Account #DB5142.4 (Snow Removal - Contractual).

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #35-05

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #1500-1526, inclusive, in the amount of $23,932.30 and charge to the proper fund or account; and, further, to pay 2005 current claims #13-47, inclusive, in the amount of $25,333.86 and charge to the proper fund or account.

Adopted. Ayes - 4 Noes - 0 Absent - 1

Motion by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:32 PM.

Carried. Ayes - 4 Noes - 0 Absent - 1

_________________________________

Michael C. Erlandson, Town Clerk