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

April 21, 2003 at 7:00 P.M.

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

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 Lodestro, seconded by Councilman Geisler to accept the minutes of the April 7, 2003 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 1

PRIVILEGE OF THE FLOOR

Mr. Robert Woodard, 257 E. Elmwood Ave., Falconer, asked several questions concerning a proposed herbicide application for the eradication of weeds in a section of Chautauqua Lake. He also commented on proposed “home rule” legislation re the establishment of a Chautauqua Lake “protection and improvement” District. Mr. Woodard asked the Town Council to consider the implications of forming the district.

Legislator Spicer answered several questions from the Town Council re the proposed implementation of a “bed tax” in Chautauqua Co.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notice re the annual So. Tier West Local Government Conference.

2. Notice re several upcoming satellite teleconferences.

3. Notice from the Chautauqua County Health Dept. re the Spring 2003 free animal rabies vaccination schedule.

4. Letter from the Chaut. Co. Visitor’s Bureau re a cultural tourism initiative.

5. Newsletter: Chaut. Co Soil & Water Conservation District.

6. Falconer Fire Dept. Incident Report: January - March 2003.

TOWN OFFICERS’ REPORTS

Councilman Miller reported that the labor negotiating committee will meet with CSEA representatives on April 22, 2003 re the renewal of a labor agreement between the Town of Ellicott and CSEA Highway & Office employees. Mr. Miller noted that a mediator from the New York State Public Employee Relations Board (PERB) would be present at the meeting.

Mr. Miller asked Supervisor Tyler about the Town of Ellicott’s annual payment to the Falconer Fire Dept. Mr. Miller asked why the most recent payment was less than the Fire Dept. had anticipated. Mr. Tyler explained that he did not receive the correct financial information from the fire dept. However, he assured Councilman Miller that the Town will make up the difference in next year’s payment.

Councilman Geisler stated that the committee to review the Town of Ellicott fee schedule will meet on May 5, 2003 at 6:00 PM. He added that the Ellicott Drainage Committee will convene immediately following at 6:30 PM on May 5, 2003.

Town Clerk Erlandson reported that the lease agreement between the Town of Ellicott and the New York State Dept. of Environmental Conservation pertaining to the leasing of the third floor of the Ellicott Administration Bldg. by the DEC will expire on June 30, 2003. Mr. Erlandson reported that he has contacted officials from the N.Y. State Office of General Services re the renewal of the lease. He stated that OGS officials would notify the Town when they are ready to proceed with negotiations to renew the agreement.

Highway Superintendent Shellhouse reported that the Ellicott Highway Dept. recently removed a fence along the parking lot outside the Ellicott Administration Bldg. He asked Town Clerk Erlandson to contact the owner of a property abutting the parking lot for permission to remove a dead tree from the property.

Mr. Shellhouse also reported that the survey re the reconstruction of a section of Strunk Rd. has been completed. He stated that the reconstruction project will get underway soon.

Supervisor Tyler reported that he has received several calls re missing street-name signs on Ross Mills Rd. Highway Superintendent Shellhouse stated that he has ordered new signs.

OLD BUSINESS

Permit for Herbicide Application (Chautauqua Lake) – Tabled pending response from the New York State Dept. of Environmental Conservation.

Lyndon Blvd. Reconstruction Project - Councilman Lodestro reported on the status of the Lyndon Blvd. Reconstruction Project. Mr. Lodestro discussed the status of several breaks in the sewer line along Lyndon Blvd. (Minutes 4/7/03) He & Highway Superintendent Shellhouse are working with Project Coordinator Rose Wightman to resolve the matter.

Home Rule Legislation (Chautauqua Lake Protection & Improvement District) – Supervisor Tyler reported that a Public Meeting would be held on June 3, 2003 at the Celoron Community Center to discuss proposed legislation concerning the creation of a Chautauqua Lake Protection & Improvement District.

Water Service on Camp St. Ext. – Highway Superintendent Shellhouse reported that the Jamestown Board of Public Utilities has finished installing curb boxes on the new waterline located on Camp St. Ext., east of Swanson Rd. He added that the Ellicott Highway Dept. will begin restoration work as soon as weather permits.

Water Service on Orchard Rd. – Supervisor Tyler, Councilman Taylor, Town Clerk Erlandson & Highway Superintendent Shellhouse met earlier today with Town of Busti and Jamestown Board of Public Utilities officials to determine the feasibility of expanding an existing water line located on Southwestern Dr. in the Town of Busti. Mr. Tyler explained that the new line would provide municipal water service to homes on Orchard Rd. & Southwestern Dr. After several issues were resolved at the meeting, Mr. Tyler stated that the estimated cost per home would be approximately $2,000.00 less than originally planned. (Minutes 4/17/02) The Council scheduled a Public Informational Meeting re the project for May 12, 2003 at 7:00 PM at the Ellicott Administration Bldg. Town Clerk Erlandson will notify the residents of Orchard Rd. and Southwestern Dr. about the meeting.

NEW BUSINESS

RESOLUTION #75-03

STOP-DWI Contract

Motion by Councilman Geisler, seconded by Councilman Miller authorizing the Town of Ellicott Supervisor to sign a contract between the Town of Ellicott and Chautauqua County regarding STOP-DWI services for fiscal year 2003. (see ‘STOP-DWI’ file for detail)

Adopted. Ayes – 4 Noes - 0 Absent – 1

RESOLUTION #76-03

Budget Transfers

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

Transfer the amount of $23,924.16 from Account #DB5142.1 (Snow Removal – Personal Services) to Account #A5142.4 (Snow Removal – Contractual).

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #77-03

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2003 current claims #436-477, inclusive, in the amount of $38,999.02 and charge to the proper fund or account.

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #78-03

Convene Executive Session (Personnel Matter)

Motion by Supervisor Tyler, seconded by Councilman Miller to Convene Executive Session for the purpose of discussing a personnel matter. 7:30 – 7:43 PM

Adopted. Ayes - 4 Noes - 0 Absent - 1

Motion by Supervisor Tyler, seconded by Councilman Miller to adjourn at 7:45 PM.

Carried. Ayes - 4 Noes - 0 Absent - 1

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Michael C. Erlandson, Town Clerk