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

September 13, 2004 at 6:00 P.M.

Present: Councilman Geisler, Councilman Miller, Councilman Pickett, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker.

Absent: Supervisor Tyler.

Deputy Supervisor Miller opened the meeting at 6:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.

PUBLIC HEARING (Local Law 1: Extend Term of Highway Superintendent)

Deputy Supervisor Miller opened a Public Hearing re proposed Local Law #1-2004 increasing the term of office for the Ellicott Highway Superintendent from two (2) years to four (4) years. No public comments were heard.

Deputy Supervisor Miller closed the Public hearing at 6:02 PM.

APPROVAL OF MINUTES

Motion by Councilman Geisler, seconded by Councilman Heintzelman to accept the minutes of the August 16, 2004 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 1

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Letter from Women’s Services of Chautauqua Co. re the annual “Walk-for-Life” to be held on Sept. 19, 2004.

2. Letter from So. & Center Chaut. Lake Sewer Districts stating that Terry Lind from the Town of Ellicott has been selected to fill a vacancy on the Sewer Board.

3. Notice of liquor license renewal: Moonbrook Country Club, N. Main St. Ext.

4. Notice from The Fountain Bowl, 3316 Fluvanna Ave. Ext. that they are requesting a waiver from New York State to add a smoking room to their lounge area.

5. Falconer Fire Dept. Incident Report: July 2004.

6. Notification from the N.Y. State Dept. of Public Service re an upcoming seminar concerning cable television regulation.

7. Letter from the presidents of the Ellicott CSEA Units, expressing their concerns re the proposed dissolution of the Chaut. Co. Health Insurance Plan.

8. Notice re an upcoming “Job Fair” to be held at Jamestown Community College on Sept. 19, 2004.

9. Newsletter: Fluvanna Free Library.

10. Newsletter: Chautauqua Co. Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Town Clerk Erlandson reported that he was recently contacted by the N.Y. State Dept. of Environmental Conservation re the possible re-location of their offices in the Ellicott Administration Bldg. from the third floor to the basement currently occupied by the Town of Ellicott Police Dept. (Minutes 3/1/04 et. seq.) Mr. Erlandson noted that the DEC is interested in re-locating. He added that two representatives from the DEC want to meet with Town officials on Friday, Sept. 17, 2004 to further discuss the matter.

Mr. Erlandson also reported that two environmental “scoping sessions” re weed management control on Chautauqua Lake have been scheduled. He reminded the Council that the “scoping sessions” must be conducted in compliance with New York State Environmental Quality Review (SEQR) requirements. Mr. Erlandson stated that the first session would be held at the Busti/Lakewood Recreation Center on Sept. 25, 2004 at 9:00 AM. The second will be held at the Ellicott Administration Building on Sept. 29, 2004 at 7:00 PM.

Highway Superintendent Shellhouse reported that officials from the Federal Emergency Management Agency (FEMA) recently completed its review of storm damage that occurred in the Town of Ellicott earlier this summer. (Minutes 6/28/04) According to Mr. Shellhouse, the Town should receive approximately $80,000.00 from the agency as remediation for the storm damage. He stated that FEMA would notify the Town within the next several weeks re its final determination.

Mr. Shellhouse also reported that the new school zone lights on Hunt Rd. are operational.

Mr. Shellhouse reported that Fluvanna Cemetery officials recently requested permission to utilize a “right-of-way” abutting the cemetery in order to construct a perimeter road. Upon the recommendation of Mr. Shellhouse, the Town Council granted the request.

OLD BUSINESS

Expansion of Water Service (Howard Ave./Baker St. Ext.) – Highway Superintendent Shellhouse reported that he met with Jamestown Board of Public Utilities officials re the viability of expanding municipal water service to sections of Howard Ave. & Baker St. Ext. as well as Valerie Lane. He explained that there are two possible scenarios for expanding the water service. He presented several maps and outlined the two alternatives. Mr. Shellhouse suggested that the Town Council retain an engineer to conduct a cost analysis of the project.

RESOLUTION #108-04

Retain Engineer (Tolman)

Motion by Councilman Geisler, seconded by Councilman Pickett to retain Engineer Rex Tolman for the purpose of conducting a cost analysis for expanding municipal water service to a section of Howard Ave., Baker St. Ext. and Valerie Lane.

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #109-04

Adopt Local Law #1-2004 (Extend Term Limit for Highway Superintendent)

Motion by Councilman Miller, seconded by Councilman Pickett to adopt Town of Ellicott Local Law #1-2004 “increasing the term of office for the Town of Ellicott Highway Superintendent from two (2) years to four (4) years subject to a vote of the electors of the Town of Ellicott”.

Adopted. Ayes - 4 Noes - 0 Absent - 1

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that restoration work is underway.

Status of Chautauqua Co. Health Insurance – The Town Council discussed the recent decision by the Board of Governors of the Chautauqua County Municipal Health Self-Insurance Plan to terminate the plan, effective Dec. 31, 2004 subject to approval by participating municipalities. Councilman Miller explained that, due to that decision, the Ellicott Town Council must decide to either dissolve or continue the self-insured plan at the end of 2004. The Council discussed its options re the matter. The Council also discussed the ramifications of dissolving the insurance relative to the two (2) labor agreements currently in effect with Town of Ellicott CSEA employees. Councilman Miller noted that the Ellicott Insurance Committee has been looking into alternative health care plans. Mr. Miller added that the Council has recently contacted several insurance “brokers” re their interest in assisting the Town in finding a suitable health care plan.

RESOLUTION #110-04

Dissolve Chautauqua Co. Health Self-Insurance Plan

Motion by Councilman Miller, seconded by Councilman Geisler to dissolve the Chautauqua County Municipal Health Self-Insurance Plan, effective December 31, 2004 upon the recommendation of the Board of Governors of the Chautauqua County Municipal Health Insurance Plan.

Defeated. Ayes - 4 Noes - 0 Absent - 1

NEW BUSINESS

Burtis Bay Little League Field – Councilman Geisler reported that Southwestern Area Baseball officials have expressed their desire to upgrade the little league field located at Burtis Bay. A representative of Southwestern Area Baseball, Mr. Jack Keeney outlined the proposed improvements. He asked for assistance from the Ellicott Highway Dept. for several of the upgrades. Mr. Keeney will meet with Councilman Geisler & Highway Superintendent Shellhouse to discuss how to proceed with the improvements.

RESOLUTION #111-04

Budget Transfers

Motion by Councilman Miller, seconded by Councilman Pickett authorizing Town of Ellicott Supervisor to make the following budget transfers:

Transfer the amount of $919.49 from Account #A1620.4 (Buildings - Contractual) to Account #1680.4 (Data Processing – Contractual).

Adopted. Ayes - 4 Noes - 0 Absent - 1

RESOLUTION #112-04

Payment of Claims

Motion by Councilman Geisler, seconded by Councilman Heintzelman to pay 2004 current claims #981-1082 inclusive, in the amount of $139,513.00 and charge to the proper fund or account.

Adopted. Ayes - 4 Noes - 0 Absent - 1

Motion by Councilman Miller, seconded by Councilman Geisler to adjourn at 7:00 PM.

Carried. Ayes – 4 Noes – 0 Absent -1

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Michael C. Erlandson, Town Clerk