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

October 4, 2004 at 7:00 P.M.

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

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 Geisler, seconded by Councilman Pickett to accept the minutes of the September 13, 2004 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Abstain - 1

(Councilman Miller Abstained)

PRIVILEGE OF THE FLOOR

Mr. James Jaroszynski, President, CSEA Police Unit of Local 807 commented on a recent grievance filed on behalf of the Police Unit re the Town Council’s recent decision to terminate the Chautauqua County Health Care Plan, effective Jan. 1, 2005 (Minutes 9/13/04). Mr. Todd Beckerink, Vice President, CSEA Police Unit also commented on the matter.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

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

2. Notification of an upcoming satellite teleconference re procurement cost saving tips for local government.

TOWN OFFICERS’ REPORTS

Councilman Heintzelman reported that several Fluvanna-area residents have expressed an interest in developing the property known as “Fluvanna Park”. He explained that the property is located on the north side of Route 430 & owned by the Town of Ellicott. Mr. Heintzelman stated that he would work with the group to determine the feasibility of developing the property. He will also look into the availability of grant funding for the proposed project.

Councilman Geisler asked about Halloween hours in the Town of Ellicott. The Council discussed the matter and set “trick-or-treat” hours for 5:00 PM – 8:00 PM on Oct. 31, 2004.

Councilman Geisler reported that he met with Highway Superintendent Shellhouse & Southwestern Area Baseball officials re a request to make improvements to the Little League baseball field located at Burtis Bay (Minutes 9/13/04). Mr. Geisler explained that the Ellicott Highway Dept. would try to upgrade the drainage at the ball field before the end of 2004.

Town Clerk Erlandson reported that two (2) voter registration days will be conducted in the Town of Ellicott. He stated that the first session will be held at the Celoron Community Center on Oct. 8, 2004 from 11:00 AM – 2:30 PM & the second will be held at the Ellicott Administration Bldg. on Oct. 9, 2004 from 2:00 PM – 9:00 PM.

Mr. Erlandson also noted that he is concerned about the construction on South Work Street in front of the Ellicott Administration Bldg. in regards to impeding voter turnout in the upcoming election on Nov. 2. He stated that he would monitor the status of the construction to ensure easy access to voters on Election Day.

Supervisor Tyler reported that two environmental “scoping sessions” were recently conducted re the preparation of an Environmental Impact Statement in conjunction with a proposed herbicide application in Chautauqua Lake.

Mr. Tyler also reported that the Celoron American Legion located on Jackson Ave. in West Ellicott has requested permission to utilize a “paper street” abutting their property. He explained that legion officials are requesting an easement agreement with the Town of Ellicott so they may use the street. Highway Super. Shellhouse was directed to look into the matter.

OLD BUSINESS

Expansion of Water Service (Howard Ave./Baker St. Ext.) – Highway Superintendent Shellhouse stated that the cost of a conducting a feasibility study re the expansion of municipal water service to a section of Howard Ave. & Baker St. Ext. is $2,500.00. (Minutes 9/13/04)

RESOLUTION #113-04

Authorize Feasibility Study (Howard Ave. Water)

Motion by Councilman Geisler, seconded by Councilman Pickett authorizing Engineer Rex Tolman to conduct a feasibility study regarding the expansion of municipal water service to a section of Howard Ave., Baker St. Ext. and Valerie Lane, at a cost to the Town of Ellicott not to exceed $2,500.00.

Adopted. Ayes - 5 Noes - 0 Absent - 0

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

Re-location of DEC Offices – Town Clerk Erlandson reported that he recently met with officials from the New York State Dept. of Environmental Conservation re the re-location of their existing offices from the third floor of the Ellicott Administration Bldg. to the first floor currently occupied by the Ellicott Police Dept. He reminded the Town Council that the Police Dept. would move to the third floor (Minutes 4/19/04 et. seq.). Mr. Erlandson stated that the DEC wants to move ahead with the re-location. He explained that several modifications would have to be made to the first floor in order to accommodate the DEC. He added that the Police Dept. has also requested that several minor modifications be made to the third floor. The Town Council authorized Mr. Erlandson to solicit cost estimates for the modifications.

NEW BUSINESS

RESOLUTION #114-04

Agreement w/ Chautauqua Lake Association

Motion by Councilman Pickett, seconded by Councilman Geisler authorizing the Town of Ellicott Supervisor to sign an agreement between the Town of Ellicott and the Chautauqua Lake Association stipulating that the Town pay the CLA the amount of $2,500.00 (two thousand five hundred dollars) for a Chautauqua Lake maintenance program conducted in 2004. (see ‘Chautauqua Lake Association Agreement’ file for detail)

Adopted. Ayes - 5 Noes - 0 Absent - 0

RESOLUTION #115-04

BAN (New Roller)

Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing the issuance of a Bond Anticipation Note in the amount of $84,750.00 for the purchase of a 2004 Ingersoll-Rand Model DD-90 Roller for the Town of Ellicott Highway Department. (see 'BAN' file for detail)

Adopted. Ayes - 5 Noes - 0 Absent - 0

Grievance Hearing (CSEA Employees) – Supervisor Tyler reported that the Town of Ellicott CSEA Highway Employees Unit and the Town of Ellicott CSEA Police Unit recently filed grievances against the Ellicott Town Council. Mr. Tyler explained that both grievances were filed in response to the Town Council’s decision to dissolve the Chautauqua Co. Municipal Health Self-Insurance Plan, effective Jan. 1, 2005. (Minutes 9/13/04) Mr. James Jaroszynski, President, CSEA Police Unit and Mr. Todd Beckerink, Vice President, CSEA Police Unit were in attendance as well as Mr. Paul Rounds representing the CSEA Highway Employees. The Council discussed the matter with the union representatives. The union representatives pointed out that as stipulated by the current labor agreements the employee health insurance plan cannot be changed without approval from the CSEA. The Town Council maintained that they did not violate the labor agreement since the health insurance plan would remain effect until the end of the year. Councilman Geisler explained that the Town Council had no choice but to dissolve the insurance since the Self Insurance Plan “Board of Governors” had already voted to terminate the plan at the end of 2004. However, Mr. Geisler pointed out that the plan would not be terminated until Dec. 31, 2004, which is also the date that the current labor agreements expire. He assured the union representatives that the Ellicott Insurance Committee is currently looking into alternative health care plans. He noted that the Insurance Committee has recently contacted several insurance “brokers” re their interest in assisting the Town in finding a suitable health care plan. He explained that the committee would meet with the brokers to select one to represent the Town. Mr. Geisler stated that alternative health care plans would be discussed during labor negotiations. The Council recommended that a meeting be arranged as soon as possible among the Insurance Committee, the insurance broker and union representatives to review health insurance options.

Tentative Budget (2005) - Supervisor Tyler presented the Tentative Budget for Town of Ellicott fiscal year 2005. He stated that the proposed Town of Ellicott tax rate for 2005 is $4.26 per thousand while the proposed Village tax rate is $3.93 per thousand. He commented on the budget & noted that the proposed tax rates are over 30 percent higher than the 2004 rates. Mr. Tyler will schedule budget meetings with each department head to determine whether proposed expenditures can be reduced.

RESOLUTION #116-04

Budget Transfers

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

Transfer the amount of $36.47 from Account #A1620.4 (Buildings - Contractual) to Account #1680.4 (Data Processing – Contractual); transfer the amount of $26,206.12 from Account #A9010.8 (Retirement) to Account #A9060.8 (Hospital & Medical); transfer the amount of $306.04 from Account #B3620.4 (Safety Inspection - Contractual) to Account #B9060.8 (Hospital & Medical).

Adopted. Ayes - 5 Noes - 0 Absent - 0

RESOLUTION #117-04

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #1085-1150 inclusive, in the amount of $88,794.80 and charge to the proper fund or account.

Adopted. Ayes - 5 Noes - 0 Absent - 0

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 8:27 PM.

Carried. Ayes – 5 Noes – 0 Absent - 0

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Michael C. Erlandson, Town Clerk