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 7, 2005 at 7:00 P.M.

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

APPROVAL OF MINUTES

Motion by Councilman Miller, seconded by Councilman Geisler to accept the minutes of the January 17, 2005 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 1

Councilman Pickett entered the meeting at 7:03 PM.

PRIVILEGE OF THE FLOOR

Mr. Neil Boardman, 26 Chicago Ave. WE, expressed his concerns re a new power plant proposed by the Jamestown Board of Public Utilities. In his opinion, the new plant will adversely affect utility rates for Town of Ellicott residents. He feels that other options might be available to the BPU. He urged the Town Council to question BPU officials re the matter.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notification re the annual Southern Tier West Local Government Conference to be conducted at Houghton College on May 12, 2005.

2. Notice of upcoming Community GIS & GPS training sessions to be conducted at So. Tier West Regional Planning & Development Board.

3. Newsletter: Community Assistance Program.

4. Newsletter: Chautauqua County Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Councilman Miller reported that the Ellicott Bldg. Committee met last week. He stated that the committee discussed the possibility of eliminating the existing “main” entrance to the Ellicott Administration Bldg. located on South Work Street. The committee recommended that the existing entrance on the north side of the building become the main entrance for several reasons. First, it would provide easier access to the elevator as well as the town court offices. Mr. Miller also explained that it might reduce the Town’s liability to injury claims since more people would utilize the elevator instead of the stairs. In his opinion, it would be a good time to close the entrance - in conjunction with the proposed re-location of the New York State Dept. of Environmental Conservation offices from the third floor to the first floor of the building (Minutes 3/1/04 et. seq.). The Council discussed the matter and approved the committee’s recommendation.

Councilman Heintzelman asked Highway Superintendent Shellhouse about the status of placing a dumpster in the Burtis Bay area for residents to bring refuse. Mr. Shellhouse explained that the practice was eliminated when the South Co. Transfer Station was constructed on S. Work St. Ext. outside of Falconer.

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

Mr. Lasker also reported that he is working with the Town of Ellicott Code Enforcement Officer on several code enforcement citations. In response to several questions from Council members, Mr. Lasker reviewed the process for dealing with code enforcement violations in the Town of Ellicott.

Highway Superintendent Shellhouse reported that he intends to begin restoration work soon on the Burtis Bay baseball field.

Supervisor Tyler reported that he has received a proposed agreement between the Village of Celoron and the Town of Ellicott re fire protection. He stated that Village of Celoron Mayor Richard Slagle has respectfully asked the Town Council to adopt the agreement.

RESOLUTION #36-05

Agreement w/ Village of Celoron re Fire Protection

Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the Ellicott Town Supervisor to sign an agreement between the Village of Celoron and the Town of Ellicott, stipulating that the Town of Ellicott pay the amount of $97,384.76 to the Village of Celoron in fiscal year 2005 for fire protection services provided by the Celoron Hose Company. (See ‘Celoron Hose Co.’ file for detail)

Adopted. Ayes - 5 Noes - 0 Absent – 0

OLD BUSINESS

Accept Final Written Scope (Burtis Bay Herbicide Permit) – Supervisor Tyler reported that the Final Written Scope for the Submerged Aquatic Vegetation (SAV) Management Plan for the South basin of Chautauqua Lake has been completed (Minutes 1/19/04 et. seq.). He reminded the Council that the document is just one phase in the ongoing preparation of an Environmental Impact Statement (EIS) concerning the proposed SAV. Mr. Tyler stated that URS Corporation prepared the Final Written Scope and added that the document is basically a summary of the overall scoping process. Mr. Tyler asked the Council to accept the Final Scope in order to move ahead with the preparation of the EIS in accordance with the State Environmental Quality Review (SEQR) process. He pointed outed that the goal of compiling the EIS is to obtain a herbicide permit for weed control in the Burtis Bay area of the lake. He reminded the Council that the N.Y. State Dept. of Environmental Conservation (NYSDEC) has mandated that an Environmental Impact Statement (EIS) be prepared before a permit can be issued. The Council discussed the matter. Councilman Miller expressed concern that he has not had time to read the document since he only received it earlier today. Councilmen Pickett & Geisler expressed similar concerns. Mr. Geisler asked Supervisor Tyler to clarify the SEQR process. Mr. Tyler noted that many steps remain before the final EIS is completed. However, he explained that it is necessary for the Written Scope to be accepted as soon as possible in order to adhere to the proposed time schedule outlined by URS Corp. for the SEQR process.

RESOLUTION #37-05

Accept Final Written Scope (Submerged Aquatic Vegetation Plan – Burtis Bay)

Motion by Supervisor Tyler, seconded by Councilman Geisler to accept the Final Written Scope as prepared by URS Corporation in conjunction with the preparation of an Environmental Impact Statement (EIS) for a proposed Submerged Aquatic Vegetation Management Plan for the South basin of Chautauqua Lake. (See ‘Burtis Bay – Scoping’ file for detail)

Adopted. Ayes - 4 Noes - 1 Absent - 0

(Councilman Miller Voted No.)

Relocation of DEC Offices - Highway Superintendent Shellhouse reported that Ellicott Highway Dept. personnel will make the alterations to the Ellicott Administration Bldg. in conjunction with the proposed relocation of the NYSDEC offices (Minutes 1/3/05). He noted that the Town would save a considerable amount of money as a result. Supervisor Tyler complemented the construction crew on the work that has already been completed. Town Clerk Erlandson reported that Attorney Lasker is reviewing the proposed lease agreement with DEC. Mr. Erlandson stated that he has already notified state officials re the general terms of the lease. Tabled pending the finalization of the lease agreement.

Expansion of Water Service (Howard Ave./Baker St. Ext./Valerie Lane) – The Council discussed the possibility of scheduling an informational meeting for residents of Howard Ave., Baker St. Ext and Valerie Lane to determine whether they are interested in receiving municipal water service. The Council will try to schedule the meeting for March 2005 at the Community Center in Celoron. Town Clerk Erlandson was directed to check on the availability of the facility.

Police Chief Contract – Councilman Pickett asked about the status of a labor contract with the Ellicott Police Chief. The Council reviewed a draft of the proposed contract & discussed the matter. Councilman Heintzelman questioned the wisdom of entering into contracts with specific management employees as opposed to drafting a comprehensive management policy. A committee consisting of Councilman Geisler, Councilman Heintzelman and Town Clerk Erlandson was formed to review the police chief contract and look into the logistics of adopting a management policy. Tabled pending further review.

Vacancy in Town Assessor Position – Supervisor Tyler appointed Councilman Miller, Councilman Pickett & Town Clerk Erlandson to look into alternatives for filling the Town of Ellicott Assessor position that will be created by the resignation of current Assessor Brenda Stebbins, effective July 1, 2005.

NEW BUSINESS

Proposed Local Law #1-2005 – The Town Council reviewed proposed Town of Ellicott Local Law #1-2005 regarding the rezoning of a section of East Main St. Ext. (Rte.394). The Local Law was referred to the Ellicott Planning Board for review.

Motion by Supervisor Tyler, seconded by Councilman Pickett to schedule a Public Hearing for March 7, 2005 at 7:00 PM regarding introductory Town of Ellicott Local Law #1-2005 rezoning a section of East Main Street Ext. (Rte. 394) to ‘mercantile’.

Adopted. Ayes - 5 Noes - 0 Absent - 0

Proposed Local Law #2-2005 – The Town Council reviewed proposed Town of Ellicott Local Law #2-2005 regarding the rezoning of a section of West Oak Hill Rd. The Local Law was referred to the Ellicott Planning Board for review.

Motion by Supervisor Tyler, seconded by Councilman Pickett to schedule a Public Hearing for March 7, 2005 at 7:00 PM regarding introductory Town of Ellicott Local Law #2-2005 rezoning a section of West Oak Hill Road to ‘mercantile’.

Adopted. Ayes - 5 Noes - 0 Absent - 0

The Regular Town Council meeting scheduled for Feb. 21, 2005 was cancelled in observance of President’s Day.

RESOLUTION #38-05

Budget Transfers and Appropriations

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

Transfer the amount of $0.16 from Account #A1110.1 (Justice – Personal Services) to Account #A1010.1 (Town Board – Personal Services); transfer the amount of $961.47 from Account #A1110.1 (Justice – Personal Services) to Account #A1410.1 (Town Clerk – Personal Services); transfer the amount of $10,571.55 from Account #A3120.4 (Police - Contractual) to Account #A3120.1 (Police – Personal Services); transfer the amount of $25,371.33 from Account #A6989.4 (Economic Development) to Account #A3120.1 (Police – Personal Services); transfer the amount of $9,322.75 from Account #A6989.4 (Economic Development) to Account #A9030.8 (Social Security); transfer the amount of $0.82 from Account #B4020.4 (Vital Statistics – Contractual) to Account #B4020.1 (Vital Statistics – Personal Services); transfer the amount of $423.19 from Account #B3620.1 (Safety Inspection – Personal Services) to Account #B9030.8 (Social Security); transfer the amount of $2,213.22 from Account #DB5110.4 (General Repairs – Contractual) to Account #DB5130.4 (Machinery – Contractual); transfer the amount of $929.94 from Account #DB5140.1 (Brush/Weeds - Personal Services) to Account #DB9030.8 (Social Security); encumber $20,476.35 into Account #A3120.9 (DWI); encumber $643.75 into Account #B8010.1 (Zoning Board – Personal Services); encumber $643.75 into Account #B8020.1 (Planning Board – Personal Services); encumber $3,838.28 into Account #DB5112.2 (Capital Outlay - FEMA); encumber $9,350.84 into Account #DB5142.4 (Snow Removal – Contractual); encumber $7,862.05 into Account #DB5130.2 (Machinery – Equipment).

Adopted. Ayes - 5 Noes - 0 Absent - 0

RESOLUTION #39-05

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2005 current claims #48-140, inclusive, in the amount of $48,855.17 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 8:18 PM.

Carried. Ayes - 5 Noes - 0 Absent - 0

_________________________________

Michael C. Erlandson, Town Clerk