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

February 2, 2004 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Police Chief Ohnmeiss.

 

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 Pickett to accept the minutes of the January 19, 2004 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notification of the upcoming annual Legislative Breakfast sponsored by the Chautauqua Co. Town Supervisors’ Assn. & the Chaut. Co. Conference of Mayors.

 

TOWN OFFICERS’ REPORTS

 

Councilman Pickett reported that the Ellicott Building Committee approved the purchase of three (3) new lights for the entrance of the Ellicott Administration Bldg.

 

Councilman Geisler presented a proposed “Memorandum of Understanding” between the Village of Celoron and the Ellicott Police Dept.  He stated that the proposed Memorandum regards the use of office space in Celoron Village Hall by the Police Dept.  (Minutes 1/19/04).  He outlined the details of the agreement & asked the Council to review the proposal.  Attorney Lasker commented on the matter.  He stated that he has no objections to the Memorandum.  However, he recommended that the Ellicott Town Council reserve the right to terminate the Memorandum in the future if it so desires.  Police Chief Ohnmeiss stated that he looked into the insurance implications of the agreement.  The Council discussed the proposed Memorandum.  Councilman Geisler recommended that the Council adopt the Memorandum.

 

RESOLUTION #39-04

Memorandum of Understanding (Village of Celoron & Ellicott Police Dept.)

 

Motion by Councilman Geisler, seconded by Councilman Taylor approving a Memorandum of Understanding between the Village of Celoron and the Town of Ellicott Police Department regarding the use of office space in Celoron Village Hall with the stipulation that the Memorandum may be revoked by either party with ten (10) days notice.  (see ‘Memorandum of Understanding’ file for detail)

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

Mr. Geisler also asked about the status of traffic light on Fairmount Ave. at the entrance to Sam’s Club.  Supervisor Tyler noted that Sam’s Club is owned by Wal-Mart & that officials of the company are still considering how to finance the installation of the light.  Mr. Geisler will contact Wal-Mart to discuss the matter.

 

Mr. Geisler also asked about the status of ‘school zone’ lighting and signage on Hunt Rd.  Highway Superintendent Shellhouse stated that he does not know yet whether the Town will receive the necessary grant funding for proposed driver feedback signs.  (Resolution #132-03 - 11/17/03)  However, he reported that the Ellicott Highway Dept. would be proceeding with other portions of the project later this Spring. 

 

Town Clerk Erlandson noted that the final date for paying 2004 Town & County property taxes without penalty is Feb. 4, 2004. 

 

Attorney Lasker reported that an arbitration hearing re a former Town of Ellicott Police Officer has been postponed indefinitely.

 

OLD BUSINESS

 

Water Service on Royal Oaks/Orchard Rd. - No Report.

 

NEW BUSINESS

 

Collection of Unpaid Electric Bills – Supervisor Tyler reported that he recently met with officials from the Jamestown Board of Public Utilities re the unpaid electric payments of certain property owners throughout the Town of Ellicott.  Mr. Tyler noted that the BPU has no way to collect the delinquent payments.  Therefore, the BPU has requested that the Town place a lien on the properties & re-levy the unpaid amounts onto the annual Town and County property tax bills.  The Council agreed in principle to comply with the request.  Attorney Lasker was directed to contact BPU Attorney William Wright to draft an agreement re the matter.

 

Audit of Town Clerk & Tax Collector Accounts – Town Clerk Erlandson stated that his financial accounts are available for review by the Town Council.

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to cancel the Regular Town Council Meeting scheduled for Feb. 16, 2004 in observance of President’s Day.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

RESOLUTION #40-04

Budget Transfers, Appropriations & Encumbrances


Motion by Supervisor Tyler, seconded by Councilman Miller authorizing Town of Ellicott Supervisor to make the following 2003 budget transfers, appropriations and encumbrances:

 

Transfer the amount of $1,178.06 from Account #A1110.4 (Justice - Contractual) to Account #A1110.1 (Justice – Personal Services); transfer the amount of $253.67 from Account #A1620.4 (Buildings – Contractual) to Account #A1110.1 (Justice – Personal Services); transfer the amount of $1,634.61 from Account #A1450.1 (Elections – Personal Services) to Account #A1355.1 (Assessor – Personal Services); transfer the amount of $647.13 from Account #A1620.4 (Buildings - Contractual) to Account #A1355.1 (Assessor – Personal Services); transfer the amount of $2,038.18 from Account #A1450.1 (Elections – Personal Services) to Account #A1670.4 (Postage/Mailing); transfer the amount of $1,382.03 from Account #A7110.4 (Parks – Contractual) to Account #A3989.4 (Record Retention – Contractual); transfer the amount of $199.97 from Account #A1220.4 (Supervisor – Contractual) to Account #A3989.4 (Record Retention – Contractual); transfer the amount of $3,144.02 from Account #DB5110.4 (Highway General Repairs – Contractual) to Account #DB5130.4 (Highway Machinery – Contractual); appropriate the amount of $1,284.83 to Account #DB5112.2 (Capital Outlay); encumber $38,000.00 into Account #A6889.4 (Economic Development); encumber $643.75 into Account #B8010.1 (Zoning Board – Personal Services); encumber $643.75 into Account #B8020.1 (Planning Board – Personal Services); encumber $2,200.00 into Account #B3620.2 (Code Enforcement – Equipment); encumber $14,409.55 into Account #DB5110.4 (Highway General Repairs – Contractual); encumber $43,782.16 into Account #A3120.2 (Police - Equipment); encumber $13,519.94 into Account #A3120.4 (Police – Contractual); encumber $12,258.95 into Account #A3120.9 (Police – DWI).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #41-04

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to pay 2004 current claims #47-87, inclusive, in the amount of $27,081.63 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 7:22 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

                                                                                        _________________________________

                                                                                            Michael C. Erlandson, Town Clerk