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

June 16, 2008 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright, Legislator Barmore.

Supervisor Miller 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 Heintzelman, seconded by Councilman Beckerink to accept the minutes of the June 2, 2008 meeting as presented by the Town Clerk.

Carried. Ayes - 5 Noes - 0 Absent - 0

PUBLIC HEARING (Dog Control Ordinance)

Supervisor Miller opened a Public Hearing re a proposed Dog Control Ordinance for the Town of Ellicott. The following public comments were heard:

Margaret Young, 3722 Ross Mills Rd. feels that the proposed ordinance should include a restriction on the number of dogs a Town of Ellicott resident can harbor at one time.

Sally Scolton, 649 Baker St. Ext. stated that she is opposed to the section of the proposed ordinance re “excessive barking or whining”. In her opinion, dogs should not be prohibited from barking if they are inside their owner’s home.

(Supervisor Miller and Councilman Lodestro pointed out that the intent of the proposed ordinance is not to be unduly restrictive but, rather, to give town officials a mechanism for addressing legitimate problems relative to dog control.)

Paul Meyerhoff, 3419 Old Fluvanna Rd. feels that a dog ordinance is necessary to protect property values.

Bruce Berry, 3049 W. Oak Hill Rd. also expressed concern re the “excessive barking” section of the proposed ordinance. He feels that it is too restrictive & needs to be refined.

Dawn Thompson, 3710 Ross Mills Rd. is also opposed to the proposed “excessive barking” section. She feels that it is subjective & too restrictive – particularly in agricultural areas.

Brenda Meyerhoff, 3419 Old Fluvanna Rd. is in favor of the proposed dog ordinance. In her opinion, the ordinance will help protect people from potentially dangerous dogs. She feels that dog owners should be responsible for their dogs.

Heidi Marshall, 3271 W. Oak Hill Rd. is also in favor of the proposed ordinance. She feels that the law is necessary to protect residents from irresponsible dog owners.

Shelly Meyerhoff, 3419 Old Fluvanna Rd. stated that she supports the proposed ordinance.

Jean Sharp, 3031 Girts Rd. is opposed to the section of the ordinance re “excessive barking”.

Mike Churchill, 2141 Camp St. Ext. stated that he is in favor of the proposed dog ordinance.

Lisa Reed, 2951 Swanson Rd. is also in favor of the proposed ordinance.

Steven Nelson, 1922 Willard St. Ext. is not opposed to a dog ordinance but feels that the current proposal needs to be refined – particularly concerning barking dogs.

Timothy Johnson, 2127 Camp St. Ext. expressed his support for the proposed dog ordinance. Mr. Johnson feels that an ordinance is necessary to protect residents from dangerous dogs as well as give town officials a mechanism to deal with negligent dog owners.

Allison Rounds, 3627 Ross Mills Rd. stated that she is not opposed to dog control but feels that the “excessive noise” aspect of the proposed ordinance is too arbitrary.

Judy Hartley, Orr St., Jamestown asked why the proposed ordinance includes an increase in the dog licensing fee. Councilman Heintzelman explained that the additional licensing fees would be allocated strictly for enforcement of the dog control ordinance.

James Walker, 3880 E. Ross Mills Rd. expressed a number of concerns re the proposed dog ordinance – in particular the section involving “noise”.

Mary Ann Basile feels that the proposed ordinance is too restrictive.

Virginia Ludwig, Baker St. Ext. also expressed concerns re the proposed ordinance.

Amanda Sischo, 2825 Camp St. Ext. expressed her support for the proposed dog ordinance.

Janice Rounds pointed out that people can often provoke dogs. She also feels that the “noise” aspect of the proposed ordinance needs to be refined.

Julie Breen, 3440 Old Fluvanna Rd. feels that a dog ordinance is long overdue in the Town of Ellicott.

Arthur Wahlstrom, 1998 Camp St. Ext. feels that a dog ordinance is necessary to protect town residents.

Motion by Supervisor Miller, seconded by Councilman Heintzelman to close the Public Hearing at 7:54 PM.

Carried. Ayes - 5 Noes - 0 Absent - 0

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Falconer Fire Chief Report: May 2008.

TOWN OFFICERS’ REPORTS

Councilman Beckerink reported that he recently met with the Town of Ellicott Assessor re the assessment of a “brownfield” property within the Town.

Councilman Orlando reported that he is continuing to look for a veterinarian to administer rabies shots to animals at a free rabies vaccination clinic in Celoron later this summer.

Mr. Orlando also reported that he met with an official from the Chautauqua Lake Management Commission on May 21, 2008 concerning the weed problem in Chautauqua Lake. He explained that herbicides will not be used in the lake this year.

Town Clerk Erlandson reported that a free rabies vaccination clinic was conducted at the Ellicott Highway Garage on Thursday June 12, 2008. He stated that nearly 400 animals were vaccinated.

Highway Superintendent Shellhouse reported that he, Councilman Lodestro & Councilman Beckerink are looking into possible waterway improvement projects along the Chadakoin River that might be eligible for funding from Chautauqua County. (Minutes 5/19/08)

Supervisor Miller reported that the New York State Office of Real Property Services has established a tentative equalization rate of 100% for the Town of Town Ellicott for 2008.

Mr. Miller also reported that the Chautauqua Co. Dept. of Public Facilities is applying for Transportation Enhancement Program (TEP) Funds currently available through the NYS Dept. of Transportation. The funding would be used to enhance a four (4) mile section of road from Summit Ave. in Lakewood to Jones & Gifford Ave. in Jamestown, including Lakeside Blvd. in the Town of Ellicott. The enhancements will expand a non-existent shoulder along the roadway to better and more safely accommodate bicycles & pedestrians. Supervisor Miller stated that he will send the county a letter supporting the project.

Mr. Miller also reported that he received a letter from the Chautauqua Lake Management Commission. He explained that the commission is seeking recommendations re a proposal that has come before the commission. Specifically, the Chautauqua Watershed Conservancy is requesting $25,000.00 to make a down payment on two plots of land that would be purchased for conservation purposes. The commission noted that should the Conservancy purchase the land, it would be removed from the tax rolls. Mr. Miller asked the Council members to think about the matter.

OLD BUSINESS

RESOLUTION #62-08

Accept Bid (Street Cleaner)

Motion by Councilman Lodestro, seconded by Supervisor Miller to accept a bid from Cyncon Equipment Inc., Rush, New York in the amount of $204,995.00 for a new street sweeper, including trade-in of existing street sweeper.

Adopted. Ayes - 5 Noes - 0 Absent - 0

Dog Control Ordinance – Councilman Lodestro recommended that a proposed dog control ordinance for the Town of Ellicott be tabled to allow town officials to review several sections of the ordinance.

MOTION by Councilman Lodestro, seconded by Councilman Beckerink to table a proposed dog control ordinance for the Town of Ellicott pending further review.

Carried. Ayes - 5 Noes - 0 Absent - 0

NEW BUSINESS

Resolution re Removal of Unsafe Structures – Tabled until the July 7, 2008 meeting.

RESOLUTION #63-08

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay 2008 current claims #572-624, inclusive, in the amount of $65,932.80 and charge to the proper fund or account.

Adopted. Ayes - 5 Noes - 0 Absent - 0

MOTION by Supervisor Miller, seconded by Councilman Beckerink to adjourn at 8:30 PM.

Carried. Ayes - 5 Noes - 0 Absent - 0

_________________________________

Michael C. Erlandson, Town Clerk