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 28, 2004 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett, 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 Miller, seconded by Councilman Pickett to accept the minutes of the June 7, 2004 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                               Noes - 0                                Absent - 1

               

PRIVILEGE OF THE FLOOR

 

Legislator Spicer commented on a drainage problem at a property located on Hunt Rd. owned by Vincent & Marilyn Gerace (Minutes 6/7/04).  Mr. Spicer stated that he looked into the situation and urged the Town Council to address the matter.

 

CORRESPONDENCE

 

Town Clerk Erlandson read the following item into the record:

 

1.      Letter from Chautauqua Co. Dept. of Health re the West Nile Virus.

2.      Letter from Karin Hallberg, 156 Frederick Blvd. re a drainage problem in front of her home.

3.      Letter from George Carlson, 3051 Curtis St. Ext. asking Town of Ellicott officials to look into a traffic safety problem in front of his home.

4.      “Certificate of Satisfaction” from William Morrill, Director, Chaut. Co. Real Property Tax Services, re the 2004 Tax Warrant.

 

TOWN OFFICERS’ REPORTS

 

Councilman Pickett asked about the status of a traffic light on Fairmount Ave. in front of Sam’s Club.  Councilman Geisler will look into the matter.

 

Councilman Geisler expressed his concerns re proposed increases in the Chautauqua County Health Insurance premiums.  He noted that the premiums have significantly increased over the past several years.  He reported that due to a deficit in the County’s insurance operating budget, the Town of Ellicott would be assessed $24,117.00 in addition to its premium.  Mr. Geisler also stated that a 45% rate increase has been proposed for 2005.  He pointed out that premiums have increased significantly over the past four years.  In his opinion, the County Insurance Dept. has not managed the premiums effectively.  He asked Legislator Spicer to look into the situation.

 

Town Clerk Erlandson reminded the Council that a free rabies vaccination clinic will be conducted at the Celoron Hose Co. fire station located on Dunham Ave. on July 17, 2004 from 11:00 AM – 1:00 PM.  Mr. Erlandson stated that he would arrange for volunteers to assist in conducting the clinic.  He also noted that Dr. Malinoski, a local veterinarian, would be administering the shots at no cost to the Town of Ellicott. 

 

Mr. Erlandson also reported that he compiled information re extending the terms of Town of Ellicott elected officials to four years.  He distributed a spreadsheet re the results of his findings.

 

Attorney Lasker commented on the Council’s options re extending the terms of Town of Ellicott elected officials to four years.  He stated that the matter must be subject to a voter referendum.  He explained that in order to get the referendum placed on the ballot, a local law would need to be adopted including a mandatory public hearing.  He noted that it is not too late to get the referendum on the November 2004 ballot.  If passed by the voters, the four-year terms would take effect on Jan. 1, 2006 following the 2005 Town elections.  Mr. Lasker asked for direction re how to proceed.  The Council discussed the matter.  Supervisor Tyler suggested that an “informational meeting” be conducted to get feedback from the public.  The Council will discuss the matter further at the next regular Town Council meeting.

 

Highway Superintendent Shellhouse noted that he submitted estimates to the Federal Emergency Mgmt. Agency (FEMA) re federal reimbursement for the recent storm damage in the Town of Ellicott.

 

Mr. Shellhouse also reported that he received three (3) cost estimates for drainage repair in the N. Hanford – N. Butts area.

 

Supervisor Tyler appointed Councilmen Geisler & Pickett to the negotiating committee for the purpose of negotiating new labor agreements with the Town of Ellicott Highway & Police CSEA employees as well as the Town of Ellicott Police Chief.

 

OLD BUSINESS

 

Shared Services Agreement w/ Village of Celoron re Code Enforcement – Councilman Geisler reported that he & Councilman Miller recently met with Village of Celoron officials to discuss the sharing code enforcement services.  Mr. Geisler pointed out that several issues must be resolved before the agreement can proceed.  Tabled pending further review.

 

Water Service on Orchard Rd. Highway Superintendent Shellhouse reported that only two (2) more curb boxes need to be installed on the upper portion of Orchard Rd.  He also noted that restoration work is nearly complete.

 

Reduction of DEC Office Space - Tabled pending further communication from DEC officials.

 

Vacancies on South & Center Sewer Board – Town Clerk Erlandson reminded the Council that there are still three (3) vacancies on the South & Center Sewer Board.  He stated that one individual has expressed interest in serving on the Board.  However, to date, he has not decided.  The Council requested the Jamestown Post-Journal to issue a press release re the matter.

 

NEW BUSINESS

 

Reduce Speed Limit on Buffalo St. Ext. – Highway Superintendent Shellhouse reported that the Town of Poland is seeking to reduce the speed limit to 35 MPH on Buffalo St. Ext. between the Peck-Settlement Rd. & the Falconer Frewsburg Rd.  Mr. Shellhouse explained that a small section of the road is in the Town of Ellicott.  He asked the Council to request that the speed limit be reduced on that section.

 

RESOLUTION #90-04

Request Reduction Speed Limit (Buffalo St. Ext.)

 

Motion by Councilman Miller, seconded by Supervisor Tyler requesting the New York State Department of Transportation to reduce the speed limit to 35 MPH on a section of Buffalo Street Ext. in the Town of Ellicott east of the Peck-Settlement Rd.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

Petition for Water Service – Town Clerk Erlandson presented a petition from 21 residents requesting that municipal water service be expanded to a section of Howard Ave.  The Council discussed the matter.  The Council noted that Town of Ellicott officials are already negotiating with the Jamestown BPU & the Town of Busti to extend water service to that area.

 

Establishment of Sewer Rents – Supervisor Tyler reported that he received a letter from Attorney Gregory Yaw re the establishment of sewer rents for properties in the Town of Ellicott outside the Village of Falconer served by the Village of Falconer Sewer System.  Mr. Tyler explained that a Public Hearing must be conducted before the rents may be established.  Therefore, Attorney Yaw has requested that a Public Hearing be scheduled.  The Council expressed some concerns re Mr. Yaw’s request.  Attorney Yaw will be asked to attend the next Council meeting to clarify the matter.  Supervisor Tyler will also contact Village of Falconer Mayor David Krieg for clarification.  Tabled pending further review.

 

RESOLUTION #91-04

Hire Part Time Police Officer (McQuillan)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett appointing Martin McQuillan, 5901 Stowe Rd., Ashville, New York as a part time Town of Ellicott Police Officer, effective June 28, 2004, at a starting rate of pay of $11.22 per hour and subject to a one-year probation.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

Proclamation (Samuel Tyler Day) – Supervisor Tyler proclaimed June 29, 2004 as Samuel Tyler Day in the Town of Ellicott.

 

Vacancy on Ellicott Town Council – Supervisor Tyler reported that Ward 2 Councilman Brian Taylor submitted a letter of resignation from the Ellicott Town Council, effective June 24, 2004.  Supervisor Tyler thanked Mr. Taylor for his years of service to the Town of Ellicott.  The Council discussed options re filling Mr. Taylor’s Council seat.  Mr. Tyler noted that a special election must be held this November (2004).  He explained that even if the Council appoints someone before November, a special election must still be conducted.  He appointed Councilmen Geisler & Miller to interview potential candidates for the position.

 

The Regular Town Council Meeting scheduled for July 19, 2004 was re-scheduled to July 12, 2004 at 7:00 PM.

 

RESOLUTION #92-04

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #681-773, inclusive, in the amount of $61,586.21 and charge to the proper fund or account.

 

Adopted.                           Ayes – 4                              Noes - 0                                 Absent – 1

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 7:55 PM.

 

Carried.                             Ayes - 4                              Noes - 0                                Absent - 1

 

 

                                                                                    _________________________________

                                                                                    Michael C. Erlandson, Town Clerk