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

April 19, 2004 at 7:00 P.M.

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

APPROVAL OF MINUTES

Motion by Councilman Miller, seconded by Councilman Pickett to accept the minutes of the April 5, 2004 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 1

PRIVILEGE OF THE FLOOR

Village of Celoron Mayor Richard Slagle commented on an error recently discovered in the assessed taxable value on the 2004 Village of Celoron tax roll. He explained that due to a computer error, STAR exemptions were erroneously applied to certain village properties. This resulted in a shortfall of $595,000.00 in taxable value on the village tax roll. He stated that Celoron Village Clerk Vikie Strong discovered the error and immediately contacted the Ellicott Town Assessor. Mr. Slagle commended Town of Ellicott Assessor Brenda Stebbins for correcting the problem. Mayor Slagle also noted that once the Village tax roll was corrected, the contract between the Town of Ellicott and the Celoron Hose Co. also had to be amended. Therefore, the Town of Ellicott’s share of the contract was reduced by approximately $300.00 in 2004. He asked the Town Council to accept the new amount.

RESOLUTION #69-04

Adopt Amended Fire Contract (Celoron Hose Co.)

Motion by Supervisor Tyler, seconded by Councilman Geisler to adopt an amended agreement between the Town of Ellicott and the Celoron Hose Company stipulating that the Town pay the amount of $92,093.00 to the Celoron Hose Co. in fiscal year 2004. (see ‘Celoron Hose Co.’ file for detail)

Adopted. Ayes - 4 Noes - 0 Absent – 1

Mayor Slagle also presented a proposed agreement between the Village of Celoron & the Town of Ellicott to formally establish the method by which the annual amount paid by each municipality to the Celoron Hose Co. for the fire contract is determined.

RESOLUTION #70-04

Agreement w/ Village of Celoron re Celoron Hose Co.

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the Ellicott Town Supervisor to sign an agreement between the Village of Celoron and the Town of Ellicott, subject to approval by the Ellicott Town Attorney, to formally establish the method by which the annual amount paid by each municipality to the Celoron Hose Co. is determined. (see ‘Celoron Hose Co.’ file for detail)

Adopted. Ayes - 4 Noes - 0 Absent – 1

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notice re an upcoming video program prepared by the Chautauqua Watershed Conservancy.

2. Notification re the annual Southern Tier West Local Government Conference.

TOWN OFFICERS’ REPORTS

Councilman Miller commented on a plan by the Jamestown Board of Public Utilities to collect delinquent utility payments on properties located in the Village of Falconer. He explained that the delinquent payments will be levied on the village tax bills. He asked Supervisor Tyler if the BPU has contacted the Town re a similar plan for Town of Ellicott properties. According to Mr. Tyler, the BPU has also asked the Town of Ellicott to levy delinquent utility payments on Town tax bills. However, he stated that the Town Council must adopt any such proposal. Mr. Tyler will keep the Council informed re the matter.

Councilman Pickett asked that the $20,000.00 allocated in Resolution #33-04 (January 9, 2004) be rescinded since the Ellicott Town Council decided not to hire a part time assessor. Supervisor Tyler explained that the allocation was contingent upon hiring a part time assessor. Therefore, Mr. Tyler stated that the resolution does not need to be rescinded.

Councilman Geisler read a letter from Village of Celoron Mayor Richard Slagle commending Town of Ellicott Assessor Brenda Stebbins for her quick actions involving the correction of an error in the Village of Celoron Tax Roll. Mr. Geisler also thanked Celoron Village Clerk Vikie Strong for discovering the error.

Town Clerk Erlandson reminded the Council that the Chautauqua Co. Health Dept. would not be conducting a free rabies vaccination clinic in the Town of Ellicott in 2004. (Minutes 4/5/04) However, Mr. Erlandson explained that the Town could conduct its own free clinic. He stated that he has been looking into the logistics of setting up two free clinics in the Town – one in Falconer and the other in the West Ellicott/Celoron area. He also stated that he contacted the Town’s insurance carrier re the matter and was assured that the Town carries adequate liability coverage to conduct a rabies clinic. Mr. Erlandson asked the Council for permission to conduct the free clinics. The Council gave him permission to proceed.

Attorney Lasker reported that an arbitration hearing re a grievance filed by former Town of Ellicott Patrolman Timothy Johnson will be held on April 20, 2004 at 10:00 AM.

Highway Superintendent Shellhouse asked the Council for permission to sell six unused steel beams. He stated that a contractor is interested in purchasing the beams.

RESOLUTION #71-04

Sale of Steel Beams

Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing the Town of Ellicott Highway Superintendent to sell six (6) steel beams to James Marucci, 2804 Clifton Ave. for a total cost of $1,200.00.

Adopted. Ayes - 4 Noes - 0 Absent – 1

OLD BUSINESS

Water Service on Royal Oaks – Highway Superintendent Shellhouse reported that the installation of municipal water service in the Royal Oaks area has been completed. He stated that restoration work would begin in the next several weeks.

Water Service on Orchard Rd. - Highway Superintendent Shellhouse reported that restoration work along Orchard Rd. & Southwestern Dr. will begin in the next several weeks.

Reduction of DEC Office Space – Town Clerk Erlandson reported that the New York State Dept. of Environmental Conservation is interested in re-locating their offices to the ground floor of the Ellicott Administration Bldg. currently occupied by the Elliott Police Dept. (Minutes 3/15/04). However, he added that the DEC would only consider re-locating provided the existing bathrooms located on the ground floor are modified to comply with Americans w/ Disabilities Act (ADA) standards. Mr. Erlandson stated that he has requested a contractor to provide an estimate of the cost of modifying the bathrooms to make them ADA compliant. Tabled pending further negotiations with N.Y. State DEC officials.

Traffic Safety Signs on Hunt Rd. – Highway Superintendent Shellhouse reminded the Council that a recent grant received for the installation of Driver Feedback signs on Hunt Rd. would be inadequate to provide the total funding needed to install the signs. (Minutes 4/5/04) He stated that Southwestern Central School officials intend to contact N.Y. State Assemblyman William Parment to determine if additional funding can be appropriated.

NEW BUSINESS

Bus Shelter On East Ave. – Highway Superintendent Shellhouse reported that officials from Methodist Gardens have requested that the Town construct a bus shelter on East Ave. in front of their facility. He explained that the senior citizens who reside at Methodist Gardens frequently utilize CARTS & a bus shelter would provide a comfortable waiting area. He stated that Methodist Gardens would be willing to pay for materials if the Ellicott Highway Dept. constructs the shelter. Mr. Shellhouse will look into the matter further to determine the feasibility of the project.

Resolution in Support of LGRMIF – Town Clerk Erlandson requested that the Town Council adopt a proposed resolution in support of eliminating the sunset provisions of the Local Government Records Management Improvement Fund (LGRMIF). Mr. Erlandson explained that the LGRMIF provides grant funding to municipalities to improve their records storage facilities. He added that in the past 11 years the Town of Ellicott has received six LGRMIF grants totaling $42,000.00. He noted that the program is scheduled to expire on Dec. 31, 2005. Mr. Erlandson stated that the proposed resolution requests the N.Y. State Legislature to eliminate the sunset provisions in order to make the LGRMIF permanent. He encouraged the Council to adopt the resolution.

RESOLUTION #72-04

Elimination of Sunset Provisions of the LGRMIF

Motion by Supervisor Tyler, seconded by Councilman Miller supporting the elimination of the sunset provisions of the Local Government Records Management Improvement Fund (LGRMIF).

Adopted. Ayes - 4 Noes - 0 Absent – 1

RESOLUTION #73-04

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #430-494, inclusive, in the amount of $96,058.38 and charge to the proper fund or account.

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #74-04

Convene Executive Session (Possible Litigation: Timmerman)

Motion by Supervisor Tyler, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing possible litigation involving former Town of Ellicott Police Officer Matthew Timmerman. 7:29 PM – 8:00 PM

Adopted. Ayes - 4 Noes - 0 Absent - 1

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:00 PM.

Carried. Ayes - 4 Noes - 0 Absent - 1

_________________________________

Michael C. Erlandson, Town Clerk