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

November 15, 2004 at 7:00 P.M.

 

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

 

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 November 1, 2004 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 4                               Noes - 0                                Absent - 1

 

PUBLIC HEARING (2005 Preliminary Budget)

 

Supervisor Tyler opened a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year 2005.  The following public comments were heard:

 

Mr. Allen Hendrickson, 21 Winsor Pl. WE, commented on the proposed budget.  He expressed his concerns re the increase in the proposed tax rates for 2005.  He pointed out three specific areas of the budget that he feels could be reduced: the police department, town attorney and town clerk.

 

Mr. Lucian Lodestro, 11 Anderson Ave. asked Supervisor Tyler what the proposed tax rate would be in 2005.  He also asked what the anticipated fund balance would be in 2005.  Mr. Tyler addressed his questions.

 

Supervisor Tyler closed the Public Hearing at 7:13 PM.

 

PRIVILEGE OF THE FLOOR

 

Mr. Lucian Lodestro, 11 Anderson Ave. asked about the status of funding for the Lyndon Blvd. Reconstruction Project.  He pointed out that the project has been completed for nearly two years & the Town has yet to receive all the monies from the various funding sources that were committed to the project (Minutes 2/4/02 et. seq.).  Supervisor Tyler stated that the Town of Ellicott Bookkeeper is working with Highway Superintendent Shellhouse and Chautauqua County officials to finalize the matter.

 
CORRESPONDENCE

 

Town Clerk Erlandson read the following items into the record:

 

1.      Invitation to the annual Falconer Volunteer Firemen’s Association Christmas Party.

2.      Letter from Bruce D. Battler, Abbey Rd. WE requesting that the Town of Ellicott take over two streetlights on his street.

3.      Notice of an upcoming Zoning & Planning Conference to be conducted by Southern Tier West Regional Planning & Development Board.

4.      Notice of an upcoming dinner to be sponsored by the Chautauqua Co. Conference of Mayors & the Chautauqua County Town Supervisors’ Association.

5.      Newsletter: Community Assistance Program.

6.      Newsletter: Chautauqua Co. Fire Service.

7.   Newsletter: Chautauqua Co. Chamber of Commerce.

 

TOWN OFFICERS’ REPORTS

 

Town Clerk Erlandson reported that he recently attended a meeting with representatives from the Chautauqua Lake Partnership and URS Corp.  Mr. Erlandson stated that the meeting was essentially a strategy session to discuss the status of an Environmental Impact Statement being prepared by URS.  He reminded the Council that the New York State Dept. of Environmental Conservation mandated that the EIS be completed before a permit to apply herbicides to a section of Chautauqua Lake is granted (Minutes 1/19/04 et. seq.).  Also at the meeting, URS representatives discussed written comments re the herbicide application received in conjunction with the “scoping” process for the EIS.

 

OLD BUSINESS

 

Expansion of Water Service (Howard Ave./Baker St. Ext.) – Tabled until the Dec. 6, 2004 meeting.

 

BAN (Camp St. Ext. Water Service) – Tabled pending determination of final cost.

 

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that he is compiling the final cost for the Orchard Rd. Water Service project.  Tabled until the Dec. 6, 2004 meeting.

 

Preliminary Budget (2005) - Supervisor Tyler asked the Council if the had any final questions re the proposed budget for fiscal year 2005.  He stated that the proposed tax rates for 2005 are: $3.77 per thousand (Town outside village) and $3.58 per thousand (Village).

 

RESOLUTION #126-04

Adopt Final Budget (2005)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to adopt the Town of Ellicott Preliminary Budget for fiscal year 2005 as the final budget for fiscal year 2005.

 

Adopted.                             Ayes - 3                              Noes - 1                                Absent - 1

(Councilman Heintzelman Voted No)

 

Status of Employee Health Insurance – Councilman Pickett reported that the Ellicott Insurance Committee is evaluating various health care plans for Town of Ellicott employees to replace the current plan that is dissolving on Dec. 31, 2004 (Minutes 9/13/04).  Tabled pending further review.

 

NEW BUSINESS

 

RESOLUTION #127-04

Waive Permit Fee (Chautauqua Co. Humane Society)

 

Motion by Councilman Miller, seconded by Councilman Heintzelman to waive the permit fee for the Chautauqua County Humane Society in conjunction with the placement of a new outdoor sign on Humane Society property.

 

Adopted.                               Ayes - 4                               Noes - 0                             Absent - 1

 

RESOLUTION #128-04

Budget Transfers


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

 

Transfer the amount of $312.63 from Account #A1990.4 (Contingency) to Account #A1670.4 (Central Printing – Contractual); transfer the amount of $9,766.01 from Account #A9010.8 (Retirement) to Account #A1910.1 (Unallocated Insurance).

 

Adopted.                             Ayes - 4                               Noes - 0                               Absent - 1

 

RESOLUTION #129-04

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to pay 2004 current claims #1252-1355 inclusive, in the amount of $40,676.62 and charge to the proper fund or account.

 

Adopted.                              Ayes - 4                               Noes - 0                              Absent - 1

 

RESOLUTION #130-04

Convene Executive Session (Labor Negotiations & Pending Litigation)

 

Motion by Councilman Miller, seconded by Councilman Heintzelman to Convene Executive Session for the purpose of discussing the status of labor negotiations with the Town of Ellicott CSEA employees and; further, to discuss the status of pending litigation involving the Town of Ellicott Police Department.  7:25 PM – 7:39 PM

 

Adopted.                                 Ayes - 4                               Noes - 0                           Absent - 1

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 7:40 PM.

 

Carried.                                  Ayes – 4                              Noes – 0                           Absent - 1

 

 

                                                                                    _________________________________

                                                                                    Michael C. Erlandson, Town Clerk