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

November 21, 2005 at 7:00 P.M.

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

Absent: Highway Superintendent Shellhouse.

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 Heintzelman, seconded by Councilman Pickett to accept the minutes of the November 7, 2005 meeting as presented by the Town Clerk.

Carried. Ayes - 5 Noes - 0 Absent - 0

PRIVLIEGE OF THE FLOOR

Mr. Corey Zahm representing the Greater Jamestown Empire Zone addressed the Town Council. He asked the Council to approve a new GJEZ boundary map. He explained that New York State recently mandated that Empire Zones must contain only contiguous properties. Therefore, he noted that the Airport Industrial Park will no longer be part of the GJEZ as well as parts of the GJEZ that were located in Celoron. The Council asked Mr. Zahm several questions re the matter. Councilman Geisler expressed several concerns re the proposed boundaries.

RESOLUTION #99-05

Approve Boundaries of Greater Jamestown Empire Zone

Motion by Supervisor Tyler, seconded by Councilman Heintzelman supporting and concurring in the application of the Greater Jamestown Empire Zone for re-designation of certain areas within the Town of Ellicott as part of the Empire Zone. (see ‘Empire Zone’ file for detail)

Adopted. Ayes - 3 Noes - 2 Absent - 0

(Geisler and Pickett Voted No.)

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Notice re an upcoming training school for newly elected officials to be held in Rochester, NY in January 2006.

2. Notice re the Annual Meeting of the Chautauqua County Chamber of Commerce.

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

4. Invitation to the annual Falconer DPW Christmas luncheon.

5. Newsletter: Chautauqua Co. Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Councilman Heintzelman asked Attorney Lasker about the status of a complaint filed by a Town of Ellicott resident. The complaint regards access to a right-of-way where Fluvanna-Townline Rd. ends at the Chautauqua Lake shoreline. Mr. Lasker noted that Fluvanna-Townline Rd. is the boundary between Ellicott and the Town of Ellery. He explained that a Town of Ellery resident is allegedly impeding access to the right-of-way. Mr. Lasker stated that he would discuss the matter with the Ellicott Code Enforcement Officer & Town of Ellery officials.

Councilman Pickett reported on the progress of building alterations at the Town Administration Bldg. He reminded the Council that the alterations are being conducted in conjunction with the re-location of the NYS Dept. of Environmental Conservation offices from the third floor to the first floor of the building (Minutes 1/3/05 et. seq.). He noted that the Town is still working with DEC officials to resolve carpeting and HVAC issues. Mr. Pickett also commented on the existing boiler system at Town Hall. He recommended that an expert examine the boiler system to determine its efficiency. The Council agreed to contact a boiler specialist.

Councilman Geisler reported that he & Councilman Heintzelman have received numerous complaints re the condition of a property located on Hunt Rd. Mr. Geisler stated that the property is owned by Brigiotta’s Farmland & Garden Center & includes an abandoned greenhouse. He explained that over the past few years the condition of the property had rapidly deteriorated. However, he pointed out that the owners are currently in the process of cleaning up the property.

Attorney Lasker commented on a current situation involving the Village of Celoron. According to Mr. Lasker, certain village residents have been disruptive at recent Village Board meetings. As a result, the Village of Celoron Mayor has requested that, for the foreseeable future, Town of Ellicott police officers be present during Village Board meetings. Mr. Lasker pointed out that the request might place an unreasonable burden on the Ellicott Police Dept. He added that the Ellicott Police Chief has expressed frustration re the matter. Mr. Lasker explained that the Chief might not always be able to comply with the Mayor’s request because police officers might be needed in another area of Town during Village Board meetings. The Council discussed the situation & expressed concern that police resources might be diverted from other parts of the Town. The Council will discuss possible solutions to the matter with the Ellicott Police Chief.

OLD BUSINESS

No Old Business

NEW BUSINESS

No New Business

RESOLUTION #99-05

Budget Transfers

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

Transfer the amount of $880.20 from Account #A1990.4 (Contingency) to Account #A1420.4 (Attorney – Contractual); transfer the amount of $3,030.00 from Account #A1990.4 (Contingency) to Account #A1910.1 (Unallocated Insurance); transfer the amount of $2,598.99 from Account #A1990.4 (Contingency) to Account #A1450.1 (Elections – Personal Services); transfer the amount of $419.53 from Account #A1990.4 (Contingency) to Account #A1450.4 (Elections – Contractual); transfer the amount of $334.26 from Account #A1620.4 (Buildings - Contractual) to Account #A1355.4 (Assessing - Contractual); transfer the amount of $36.68 from Account #A1620.4 (Buildings - Contractual) to Account #A1680.4 (Data Processing - Contractual); transfer the amount of $125.34 from Account #A1620.4 (Buildings - Contractual) to Account #A3510.4 (Dog Control - Contractual); transfer the amount of $914.11 from Account #A7110.4 (Parks - Contractual) to Account #A7110.1 (Parks – Personal Services); appropriate the amount of $50,322.58 to Account DB5112.2 (Capital Outlay).

Adopted. Ayes - 5 Noes - 0 Absent - 0

RESOLUTION #100-05

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005 current claims #1258-1329 inclusive, in the amount of $29,109.99 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 7:50 PM.

Carried. Ayes - 5 Noes - 0 Absent - 0

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Michael C. Erlandson, Town Clerk