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

December 15, 2003 at 7:00 P.M.

Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, Deputy Town Clerk Pierce, Attorney Lasker, Police Chief Ohnmeiss, Legislator Spicer.

Absent: Town Clerk Erlandson, Highway Superintendent Shellhouse.

Supervisor Tyler opened the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Deputy Town Clerk Pierce called the roll.

APPROVAL OF MINUTES

Councilman Lodestro pointed out an error in the December 1, 2003 minutes pertaining to Resolution #145-03: ‘Councilman Geisler’ did not second the motion.

Motion by Councilman Miller, seconded by Councilman Taylor to accept the amended minutes of the December 1, 2003 meeting as presented by the Town Clerk.

Carried. Ayes - 5 Noes - 0 Absent - 0

PRIVILEGE OF THE FLOOR

Mr. Kenneth Lyon, Falconer, declared his support for Town of Ellicott Police Chief William Ohnmeiss. He encouraged the Ellicott Town Council to remove Mr. Ohnmeiss’ probationary status.

Mr. Steven Vanstrom, 2133 Buffalo St. Ext., also declared his support for Chief Ohnmeiss & asked that his probationary status be removed.

Mr. George Beckerink, 3930 Gerry-Levant Rd., expressed his concern about certain Town Councilmen not attending Town Council meetings on a regular basis.

Mr. James Vanstrom, Falconer, declared his support for Chief Ohnmeiss.

Mr. Anthony Cavallaro, Falconer, also declared his support for Chief Ohnmeiss and urged the Town Council to remove his probationary status.

Mr. Brian Nelson, Falconer, declared his support for Chief Ohnmeiss.

Mr. Daniel Johnson, Falconer, declared his support for Chief Ohnmeiss.

Sgt. Matthew Kubinski, Ellicott Police Dept., expressed his support for Chief Ohnmeiss.

Patrolman Todd Beckerink, Ellicott Police Dept., also expressed his support for Chief Ohnmeiss.

Patrolman James Curtis, Ellicott Police Dept., expressed his support for Chief Ohnmeiss.

CORRESPONDENCE

Deputy Town Clerk Pierce read the following items into the record:

1. Letter from Schindler Elevator Corp. re an increase in its maintenance agreement with the Town of Ellicott.

2. Letter from Village of Celoron Mayor Richard Slagle re sharing of services between the Town of Ellicott and Celoron.

3. Letter from Tolman Engineering re the proposed Orchard Rd. Drainage Project.

TOWN OFFICERS REPORTS

Councilman Taylor reminded Supervisor Tyler that a letter needs to be sent from the Town of Ellicott to the Chautauqua County Dept. of Public Facilities authorizing a grant application for driver feedback signs (Minutes 11/1703).

Councilman Miller noted that Councilman Lodestro is retiring from the Town Council, effective Jan. 1, 2004. Councilmen Miller, Taylor and Geisler thanked Councilman Lodestro for his 10 years of dedicated service to the Town of Ellicott.

Supervisor Tyler presented Councilman Lodestro with a plaque in recognition of his ten years of dedicated service to the Town of Ellicott as a Councilman for Ward 4.

OLD BUSINESS

Status of Police Chief - The Council discussed the probationary status of Ellicott Police Chief William Ohnmeiss. Supervisor Tyler recommended that Mr. Ohnmeiss’ probationary status be lifted and that he be appointed permanent Town of Ellicott Police Chief. Councilman Lodestro also feels that Mr. Ohnmeiss’ probationary status should be removed. He noted that Mr. Ohnmeiss’ character is above reproach. Mr. Lodestro also commented on a proposed labor agreement between Mr. Ohnmeiss and the Town of Ellicott. Councilman Geisler expressed concerns re several issues pertaining to the Ellicott Police Dept. In his opinion, these concerns should be addressed before the Police Chief’s appointment is made permanent. Mr. Geisler also feels that the Town Council should have oversight of the Ellicott Police Dept. He asked Attorney Lasker for clarification involving oversight of the Police Dept. Attorney Lasker stated that the Town Council has limited authority re oversight of the Police Department. He recommended that issues involving the Police Dept. be addressed through the Police Chief. Councilman Miller agreed with Attorney Lasker. Councilman Taylor stated that his concerns re the removal of probationary status have been addressed.

RESOLUTION #147-03

Remove Probationary Status of Ellicott Police Chief (Ohnmeiss)

Motion by Supervisor Tyler, seconded by Councilman Miller terminating the probationary status of Town of Ellicott Police Chief William Ohnmeiss, effective immediately, and; further, appointing Mr. Ohnmeiss as the permanent Town of Ellicott Police Chief, effective immediately, and; further, authorizing the Ellicott Town Supervisor to notify the New York State Department of Civil Service regarding Mr. Ohnmeiss’ appointment.

Adopted. Ayes - 4 Noes - 1 Absent - 0

(Councilman Geisler Voted No)

Water Service On Royal Oaks - No Report.

Water Service on Orchard Rd. – No Report.

Vacancies of ZBA & Planning Board – Councilman Miller asked that Phyllis Belin, Falconer-Kimball Stand Rd., be added to the list of candidates interested in serving on the Ellicott Zoning Board of Appeals & the Ellicott Planning Board. The Council will begin interviewing the candidates within the next several weeks. Tabled until January 2004.

Lyndon Blvd. Reconstruction Project – Councilman Lodestro updated the Town Council re the costs of the recently completed Lyndon Blvd. Reconstruction Project. He made several recommendations re how to finance the Town of Ellicott’s share of the costs. Supervisor Tyler reminded the Council that the Town of Ellicott must pay certain costs before grant monies designated for the project can be received. (Minutes 2/4/02 et. seq.)

RESOLUTION #148-03

BAN (Lyndon Blvd. Reconstruction Project)

Motion by Councilman Lodestro, seconded by Supervisor Tyler authorizing the issuance and sale of a one-year Bond Anticipation Note in the amount of $343,000.00 for the Lyndon Blvd. Reconstruction Project in anticipation of the Town of Ellicott being reimbursed for the project from other funding sources (see ‘BAN’ & ‘Lyndon Blvd. Reconstruction’ files for detail)

Adopted. Ayes - 5 Noes - 0 Absent – 0

Status of Town Assessing Office - Mr. Lodestro commented on the current agreement with the Town of Busti (Minute 1/23/03) to provide assessing services to the Town of Ellicott. He noted that the Busti recently entered into an inter-municipal assessing agreement with the City of Jamestown. Mr. Lodestro expressed his concerns re the effect that the inter-municipal agreement would have on the Town of Ellicott. In particular, he is concerned that the Town of Ellicott will no longer have an assessor. He asked Supervisor Tyler if he has looked into hiring a full time assessor. Mr. Tyler replied that he has contacted a potential candidate to fill the position. However, he stated that the candidate has not yet made a decision re the matter. Mr. Tyler also noted that Councilmen Miller and Geisler would be meeting with Town of Busti officials to discuss assessing matters.

NEW BUSINESS

RESOLUTION #149-03

Re-appointment to Planning Board (Mogenhan)

Motion by Supervisor Tyler, seconded by Councilman Miller re-appointing Michael Mogenhan, 67 School Ave. WE, Jamestown, New York to a seven-year term on the Ellicott Planning Board, term to expire on December 31, 2010.