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

June 2, 2003 at 7:00 P.M.

Present: Supervisor Tyler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Town Clerk Erlandson, Attorney Lasker, Legislator Spicer.

Absent: Councilman Geisler, Highway Superintendent Shellhouse.

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.

PUBLIC HEARING (Local Law #1-2003: Revise Fee Schedule)

Supervisor Tyler opened a Public Hearing on proposed Introductory Town of Ellicott Local Law #1-2003 to revise the Town of Ellicott Fee Schedule. No public comments were heard.

Motion by Supervisor Tyler, seconded by Councilman Lodestro to close the Public Hearing at 7:01 PM.

Carried. Ayes - 3 Noes - 0 Absent - 2

APPROVAL OF MINUTES

Motion by Councilman Lodestro, seconded by Supervisor Tyler to accept the minutes of the May 19, 2003 meeting as presented by the Town Clerk.

Carried. Ayes - 3 Noes - 0 Absent - 2

Councilman Miller arrived at 7:03 PM.

PRIVILEGE OF THE FLOOR

Mr. Ben Haskins, Peck-Settlement Rd. commented on the possible legalization of marijuana.

Legislator Spicer commented on a proposal to construct a bypass connecting Rte. 62 & Rte. 60. He stated that the proposal would be detrimental to the Town of Gerry. In his opinion, the bypass should terminate at I-86. He asked the Town Council for direction re the matter.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notification of liquor license renewal: McCarty’s Restaurant, Falconer.

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

3. Newsletter: Chautauqua Co. Soil & Water Conservation District.

4. Newsletter: Community Assistance Program.

TOWN OFFICERS’ REPORTS

Councilman Taylor reported that the Town of Ellicott received a letter from the New York State Office of General Services re the expiration of a lease agreement between the N.Y.S. Dept. of Environmental Conservation & the Town of Ellicott. Mr. Taylor noted that the DEC currently leases the entire third floor of the Ellicott Administration Bldg. He explained that the lease expires on June 30, 2003. He noted that the OGS does not want to renew the lease. Instead the OGS wishes to continue occupancy of the premises on a month-to-month basis. Mr. Taylor asked the Town Council for permission to discuss the matter with OGS officials.

Town Clerk Erlandson reminded the Town Council that he recently received a price estimate of $935.00 - $1,046.00 from Shred-It Mobile Paper Shredding & Recycling for the shredding of approximately 175 boxes of outdated Town records and documents. He recommended that the Council not move forward with the shredding until Councilman Miller looks into an alternative price estimate (Minutes 5/19/03).

Mr. Erlandson also reported that a new email filter has been installed on the Town of Ellicott’s computer network.

Supervisor Tyler reported that CSEA Local 1000 has requested that negotiations be commenced to renew a labor agreement between the Town of Ellicott & the Town of Ellicott Police Unit. Mr. Tyler explained that the current agreement expires on Dec. 31, 2003.

Mr. Tyler also reported that the Town of Ellicott received a notice of defect from Alan Lindquist, 3367 Strunk Rd. Mr. Tyler explained that Mr. Lindquist is requesting reimbursement from the Town of Ellicott for damage caused to his vehicle. Mr. Lindquist feels that the damage occurred because of poor road conditions. Mr. Tyler will discuss the matter with the Ellicott Highway Superintendent.

Mr. Tyler also reported that a lyceum would be held at the Jackson Center on Thursday, June 5, 2003 re weed management on Chautauqua Lake.

OLD BUSINESS

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

RESOLUTION #87-03

Adopt Local Law #1-2003 (Revise Fee Schedule)

Motion by Supervisor Tyler, seconded by Councilman Miller to adopt introductory Town of Ellicott Local Law #1-2003 revising the Town of Ellicott Fee Schedule. (see ‘Local Law #1-2003’ for detail)

Adopted. Ayes - 4 Noes - 0 Absent - 1

Lyndon Blvd. Reconstruction Project - Councilman Lodestro reported on the status of repairs re several breaks in the sewer line along Lyndon Blvd. (Minutes 4/7/03 et. seq.) He stated that Project Coordinator Rose Wightman is working on resolving the matter.

Home Rule Legislation (Chautauqua Lake Protection & Improvement District) – Supervisor Tyler reported that a Public Informational 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.

Proposed Rte. 62 – Rte. 60 Connection – The Town Council discussed a proposed plan to construct a highway bypass that would connect Rte. 62 with Rte. 60. Supervisor Tyler explained that the proposal was drafted by the New York & Pennsylvania Highway Departments. He pointed out that the plan is in the preliminary stages. Legislator Spicer noted that it has not been determined how the project will be funded. Mr. Tyler will monitor the progress of the plan. Tabled until further notice.

Water Service on Camp St. Ext. – Councilman Lodestro reported that restoration of property along a section of Camp St. Ext. east of Swanson Rd. where a municipal water line was recently installed is nearly complete. Mr. Lodestro also noted that the final cost of the project would be less than anticipated.

Water Service on Orchard Rd. – Supervisor Tyler reported that he will meet with the Town of Busti Supervisor & Village of Lakewood Mayor to determine a water rate for a proposed municipal water line on Orchard Rd.

NEW BUSINESS

RESOLUTION #88-03

Waive Variance Fee (Gustafson)

Motion by Councilman Taylor, seconded by Supervisor Tyler to waive a variance application fee for Kurt Gustafson, 109 School Ave. WE.