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

August 4, 2003 at 7:00 P.M.

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

Absent: Councilman Geisler, 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 Miller to accept the minutes of the July 21, 2003 meeting as presented by the Town Clerk.

Carried. Ayes - 3 Noes - 0 Absent - 2

PRIVILEGE OF THE FLOOR

Mr. Steven Arnone, 3363 Strunk Rd. expressed several concerns re the status of the Strunk Rd. reconstruction project currently underway. Specifically, he asked whether guardrails are going to be installed along certain sections of the road. He also asked about drainage & grading. Highway Superintendent Shellhouse addressed Mr. Arnone’s concerns.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notification of liquor license renewal: AMVETS, 3334 Fluvanna Ave.

2. Notification of liquor license renewal: Fountain Bowl, 3334 Fluvanna Ave.

3. Letter from three homeowners on W. Oak Hill Rd. requesting that the Town of Ellicott assume ownership of the private road on which they reside.

4. Letter from Women’s Services of Chautauqua Co. re the annual “Walk-for-Life”.

5. Newsletter: Community Assistance Program.

TOWN OFFICERS REPORTS

No Reports.

OLD BUSINESS

Easement Agreement (Jamestown Pediatrics) – Attorney Lasker recommended that the Town Council approve an easement agreement w/ Jamestown Pediatrics, 816 Fairmount Ave. WE. The Council discussed the matter.

RESOLUTION #101-03

Easement Agreement w/ Jamestown Pediatrics

Motion by Councilman Miller, seconded by Councilman Lodestro authorizing Supervisor Tyler to sign an easement agreement with Jamestown Pediatrics, 816 Fairmount Ave. WE, subject to any sewer and/or utility easements that may exist. (see ‘Easement Agreement – Jamestown Pediatrics’ file for detail)

Adopted. Ayes – 3 Noes - 0 Absent – 2

Lyndon Blvd. Reconstruction Project – Highway Superintendent Shellhouse reported that the Jamestown BPU recently repaired one of the breaks in the sewer line along Lyndon Blvd. (Minutes 4/7/03 et. seq.) Councilman Lodestro reported that the other two breaks in the sewer line would be repaired by the end of the week. Mr. Lodestro stated that the original contractor, C. Destro Development Co., would be conducting the repairs. The cost of the repairs is yet to be determined.

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that negotiations with Chautauqua Co. officials are underway concerning the placement of a the waterline along Southwestern Dr. (Minutes 7/21/03) Mr. Shellhouse stated that the issue should be resolved in the next several days. The Council asked several questions re the proposed waterline.

Traffic Safety Concerns at Southwestern Central School – Town Clerk Erlandson reported that he & Councilman Lodestro met with Southwestern Central School Superintendent Robert Guiffreda earlier today. Mr. Erlandson explained that the superintendent expressed his concerns re traffic safety issues on roads surrounding school property. Mr. Erlandson added that Mr. Guiffreda has requested a meeting of Town, County & State DOT officials to address the issues. Mr. Erlandson stated that a meeting has been tentatively scheduled for Aug. 14, 2003 at noon. He will notify pertinent officials about the meeting.

NEW BUSINESS

Rte. 60 Rezoning – The Council reviewed a request from Thomas Anderson to rezone a section of property along Rtes. 60 & 380 to ‘mercantile’. The Council referred the request to the Ellicott Planning Board for further review.

Notice of Defect (Lindquist) – Town Clerk Erlandson reported that the Ellicott Town Council recently received a notice of defect from Wendy Lindquist, 3367 Strunk Rd. He explained that Mrs. Lindquist is requesting reimbursement from the Town of Ellicott for damage sustained to her vehicle. Mrs. Lindquist believes that the damage was caused by the poor condition of Strunk Rd. After discussing the matter the Town Council denied the request. Town Clerk Erlandson was directed to notify Mrs. Lindquist re the Council’s decision.

RESOLUTION #102-03

Appointment of Police Chief (Ohnmeiss)

Motion by Supervisor Tyler, seconded by Supervisor Lodestro appointing provisional Town of Ellicott Chief of Police William Ohnmeiss as the permanent Town of Ellicott Chief of Police.

Adopted. Ayes – 3 Noes - 0 Absent – 2

Contract w/ Town of Ellicott Police Chief (Ohnmeiss) – Supervisor Tyler reported that he received a draft of a proposed agreement between Ellicott Police Chief Ohnmeiss and the Town of Ellicott. Tabled pending further review.

RESOLUTION #103-03

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2003 current claims #861-919, inclusive, in the amount of $16,408.77 and charge to the proper fund or account.

Adopted. Ayes - 3 Noes - 0 Absent - 2

Motion by Supervisor Tyler, seconded by Councilman Lodestro to adjourn at 7:33 PM.

Carried. Ayes - 3 Noes - 0 Absent - 2

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Michael C. Erlandson, Town Clerk