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 17, 2003 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, 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 Miller, seconded by Councilman Taylor to accept the minutes of the October 20, 2003 meeting as presented by the Town Clerk.

 

Carried.                                 Ayes - 5                                Noes - 0                           Absent - 0

 

Motion by Councilman Miller, seconded by Councilman Lodestro to accept the minutes of the October 24, 2003 special meeting as presented by the Town Clerk.

 

Carried.                                 Ayes - 5                                Noes - 0                           Absent - 0

 

PUBLIC HEARING (2004 Preliminary Budget)

 

Supervisor Tyler opened a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year 2004.  The following public comments were heard:

 

Mr. Warren Gertsch, 103 N, Hanford Ave. commented on the proposed budget.  He stated that the Town Council should consider contacting alternative health care providers to determine if employees’ health care premiums could be reduced.

 

Councilman Lodestro expressed a number of concerns re allocations for the proposed 2004 budget.  He specifically questioned whether enough monies have been allocated in the assessing, insurance & retirement accounts.   Supervisor Tyler addressed his concerns.

 

Supervisor Tyler closed the Public Hearing at 7:50 PM.

 

PRIVILEGE OF THE FLOOR

 

Town of Busti Supervisor Dale Robbins addressed the Town Council re a proposal to regionalize assessing services.  Mr. Robbins briefly outlined the proposal.  He explained that the regional service would consolidate the assessing of operations of five municipalities: the City of Jamestown and the Towns of Busti, Ellicott, Kiantone & N. Harmony.  He noted that the central office for the regional service would be located at Jamestown City Hall.  Mr. Robbins pointed out the long-term benefits of regionalization.  The Council discussed the matter & asked Mr. Robbins a number of questions re the logistics of regionalizing assessing services.  Councilmen Taylor and Lodestro expressed several concerns re the proposal.  Mr. Robbins recommended that representatives from the Town of Ellicott meet with officials from the other municipalities to discuss the matter.  Supervisor Tyler appointed Councilmen Miller & Geisler to a committee to review options concerning the Town of Ellicott’s assessing operations.

 

Mr. Robbins also stated that the Town of Busti is interested in expanding municipal water service along a section of Baker St. Ext. in the Town of Busti between Howard Ave. & Southwestern Dr.  He asked if the Ellicott Town Council would be interested in discussing the possibility of a joint operation to extend the water service along sections of Howard Ave. and Baker St. Ext. within the Town of Ellicott. 

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

           

1.      Notice of an upcoming Public Hearing to be held by the Village of Falconer Zoning Board of Appeals.

2.      Certificate of Satisfaction from the Chautauqua Co. Real Property Tax Office re the 2003 Town of Ellicott Tax Warrant.

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

4.      Falconer Fire Dept. Incident Report: Jan. – Sept. 2003.

5.      Notice from New York State Dept. of State that Town of Ellicott Local Law #2-2003 has been received & filed.

6.      Newsletter: Chautauqua Watershed Conservancy.

 

TOWN OFFICERS REPORTS

 

Councilman Lodestro reported that the reconstruction of the Dow St. Bridge has been completed & the bridge has been re-opened.

 

OLD BUSINESS

 

Traffic Safety Concerns at Southwestern Central School – Councilman Taylor reported that officials from the Chautauqua Co. Dept. of Public Facilities want to apply for a $10,000.00 grant to purchase two (2) new Driver Feedback signs to be placed on Hunt Rd.  He explained that the signs are needed to reduce the speed of vehicular traffic on Hunt Rd. near Southwestern Central School.  Mr. Taylor stated that the DPF couldn’t proceed with the grant application without the support of the Ellicott Town Council.  In addition, he pointed out that the total cost of the signs would be $13,500.00.  Since the grant funding would be $10,000.00, Mr. Taylor explained that the Town of Ellicott and SWCS would be required to split the remaining $3,500.00.  Therefore, the Town of Ellicott’s share would be $1,750.00.  He assured the Council that the Town would not be required to pay the $1,750.00 if the grant request is denied.  The Council discussed the matter.

 

RESOLUTION #132-03

Authorize Grant Application (Driver Feedback Signs)

 

Motion by Councilman Taylor, seconded by Councilman Geisler authorizing the Chautauqua County Department of Public Facilities to apply for a grant for Driver Feedback signs to be placed on Hunt Road and; furthermore, should the grant be approved, the Town of Ellicott agrees to pay an amount not to exceed $1,750.00 for the remaining cost for the signs.

 

Adopted.                                Ayes - 5                               Noes - 0                            Absent - 0

 

RESOLUTION #133-03

Adopt Local Law #3-2003 (Rezoning of Rte. 380)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to adopt Town of Ellicott Local Law #3-2003 amending Section 146-32 of the Town of Ellicott Code establishing a new ‘mercantile’ zone along a section of the Falconer Kimball Stand Road (Rte. 380).  (see ‘Local Law #3-2003’ file for detail)

 

Adopted.                               Ayes - 4                                Noes - 1                            Absent - 0

(Councilman Geisler Voted No)

 

RESOLUTION #134-03

Adopt Local Law #4-2003 (Rezoning of Rte. 60)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to adopt Town of Ellicott Local Law #4-2003 amending Section 146-32 of the Town of Ellicott Code establishing a new ‘mercantile’ zone along a section of the North Main Street Ext. (Rte. 60).  (see ‘Local Law #4-2003’ file for detail)

 

Adopted.                               Ayes - 4                                Noes - 1                            Absent - 0

(Councilman Geisler Voted No)

 

Contract with Ellicott Police Chief – The Town Council discussed a proposed employment contract between Ellicott Police Chief Ohnmeiss & the Town of Ellicott.  Councilmen Taylor & Miller expressed their concerns re the proposed contract.  Councilman Lodestro stated that he supports the contract.  The Council discussed the proposed contract.  The Police Chief’s probationary period was addressed.  Councilman Taylor asked who has the responsibility of overseeing the probationary period (i.e. the Town Supervisor or the Town Council).  Attorney Lasker was directed to look into who administers the probationary period.

 

RESOLUTION #135-03

Contract w/ Police Chief (Ohnmeiss)

 

Motion by Councilman Geisler, seconded by Councilman Taylor to table discussions concerning a proposed employment contract between the Town of Ellicott and Town of Ellicott Police Chief William Ohnmeiss pending the completion of the Police Chief’s probationary period.

 

Adopted.                               Ayes - 4                                Noes - 1                            Absent - 0

(Councilman Lodestro Voted No)

 

Water Service On Royal Oaks – Highway Superintendent Shellhouse reported that the design phase of the project has been completed.

 

Water Service on Orchard Rd. – Highway Superintendent Shellhouse reported that the installation of the water line on Orchard Rd. is nearly complete.  He noted that the original line on Orchard Rd. was extended 200 feet to better accommodate the hookup for two homeowners.  Mr. Shellhouse stated that the extension of the line would not increase the overall cost of the project.

 

Preliminary Budget (2004) – The Council discussed the proposed budget for 2004.  Councilman Geisler asked several questions re the allocation of funding for the Town Supervisor and Town Clerk salaries.  Councilman Lodestro expressed his concern that the proposed allocations for 2004 will not be sufficient enough to cover expenditures.

 

RESOLUTION #136-03

Adopt Final Budget (2004)

 

Motion by Councilman Taylor, seconded by Councilman Miller to adopt the Town of Ellicott Preliminary Budget for fiscal year 2004 as the final budget for fiscal year 2004.

 

Adopted.                             Ayes - 3                              Noes - 2                                Absent - 0

(Supervisor Tyler and Councilman Lodestro Voted No)

 

NEW BUSINESS

 

RESOLUTION #137-03

 BAN Renewal (Ninth St. Bridge)

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro authorizing the issuance of a Bond Anticipation Note in the amount of $38,400.00 for repair of the Ninth St. Bridge.  (see ‘BAN’ file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Vacancies of ZBA & Planning Board – Town Clerk Erlandson reported that there would be one vacancy on both the Ellicott Zoning Board of Appeals & the Ellicott Planning Board, effective January 1, 2003.  Mr. Erlandson noted that five (5) candidates are currently on the waiting list for positions on the ZBA & Planning Board.  The Council discussed the situation.  Town Clerk Erlandson was directed to advertise for candidates in the Jamestown Post-Journal.

 

RESOLUTION #138-03

Budget Transfers

 

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

 

Transfer the amount of $6,881.33 from Account #A1990.4 (Contingency) to Account #A1355.1 (Assessor – Personal Services); transfer the amount of $71.06 from Account #A1990.4 (Contingency) to Account #A1680.4 (Data Processing – Contractual); transfer the amount of $2,099.46 from Account #A1990.4 (Contingency) to Account #1910.1 (Unallocated Insurance); transfer the amount of $60.91 from Account #A1990.4 (Contingency) to Account #A3510.4 (Dog Control – Contractual); transfer the amount of $1,596.32 from Account #A7110.4 (Parks –Contractual) to Account #A7110.1 (Parks – Personal Services); transfer the amount of $15,110.52 from Account #A9010.8 (Retirement) to Account #A9060.8 (Medical Insurance); transfer the amount of $316.83 from Account #B3620.4 (Safety Inspection –Contractual) to Account #B9030.8 (Social Security); transfer the amount of $1,325.70 from Account #B3620.4 (Safety Inspection –Contractual) to Account #B9060.8 (Medical Insurance);

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #139-03

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2003 current claims #1206-1256, inclusive, in the amount of $28,778.55 and charge to the proper fund or account; and, further, to pay 2003 current claims #1257-1356, inclusive, in the amount of $115,764.50 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 9:06 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

                                                                                  

________________________________

                                                                                                   Michael C. Erlandson, Town Clerk