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

February 6, 2006 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Code Enforcement Officer Woodbury, 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 Geisler to accept the minutes of the January 16, 2006 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

PRIVILEGE OF THE FLOOR

 

                 No Public Comments.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

           

1.      Notice of upcoming Public Hearing in the Town of Kiantone.

2.      Invitation to a Legislative Breakfast sponsored by the Chautauqua County Chamber of Commerce.

3.      Notice from the NYS Dept. of Transportation re designation of restricted highway: a portion of I-86.

4.      Newsletter: Community Assistance Program.

 

TOWN OFFICERS’ REPORTS

 

Councilman Miller reported that the Ellicott Insurance Committee will meet on Friday, Feb. 10, 2006.  He noted that the Town’s insurance representative, Randall Graham, would be attending the meeting.

 

Town Clerk Erlandson stated that the final day for paying property taxes without penalty is Feb. 8, 2006.

 

Mr. Erlandson also reported that the general public now has the capability of accessing property tax information on the Town of Ellicott website: www.townofellicott.com.

Highway Superintendent Shellhouse reported that he & two Ellicott Highway Dept. employees are currently looking into HVAC problems at the Ellicott Administration Bldg.  He explained they have made a number of minor repairs to the existing boiler system, which should make it run more efficiently.  He also stated they intend to make an overall evaluation of the current HVAC system.

 

OLD BUSINESS

 

Abandoned House on Bentley Ave. – The Town Council discussed the status of an abandoned house located at 2808 Bentley Ave.  (Minutes 1/2/06 et. seq.).    Code Enforcement Officer Woodbury commented on the matter.  In his opinion, negotiations with the property owner’s attorney re the demolition of the house are moving forward.  Town Clerk Erlandson reported that Town Attorney Lasker is working diligently to get the matter resolved.

 

Water Pump Station on School Ave. – Highway Superintendent Shellhouse asked the Council for permission to hire Engineer Rex Tolman to design a water-pump station for the School Ave. area  (Minutes 10/3/05 et. seq.).  Mr. Shellhouse stated that the cost of the design would be approximately $10,000.00 – $15,000.00.  The Council discussed the matter.  Supervisor Tyler noted that a resident in the area recently expressed an interest in allowing the Town to place the prospective pump station on his property.  Councilman Geisler asked Town Attorney Lasker look into the possibility of acquiring the property from the resident.  Mr. Geisler also asked Attorney Lasker to research the current water & sewer agreement between the Town of Ellicott and the Jamestown Board of Public Utilities to determine whether there are any legal ramifications with respect to installing the pump.  The Council directed Mr. Shellhouse to obtain a price quote from Mr. Tolman for designing the pump station.

 

Veterans’ Property Tax Exemption – Town Clerk Erlandson reported that he has received inquiries from a number of veterans asking why the Town of Ellicott has not adopted the “alternative” veterans’ property tax exemption.  He explained that the exemption is already applied to the Chautauqua Co. portion of property taxes.  He reminded the Town Council that the matter was discussed several years ago.  At that time, the Council decided not to authorize the exemption until sufficient data could be obtained re the impact of the exemption on the Town’s total assessed value.  He and the Town Assessor are currently in the process of compiling the data.  Mr. Erlandson distributed information re the exemption & explained that in order to establish the exemption the Council must first adopt a resolution.  However, he pointed out that the resolution must be adopted at least ninety (90) days prior to March 1 to be effective for the subsequent fiscal year.  Therefore, the earliest that the exemption could take effect for Town taxes would be 2008.  Tabled pending further review.

 

Establish Negotiating Committee – Supervisor Tyler appointed Councilmen Geisler & Heintzelman to negotiate a new labor agreement with Town of Ellicott CSEA highway & office employees.  The current agreement expires on December 31, 2006.  The Councilmen will also meet periodically with employee representatives to discuss health insurance issues.

 

 

NEW BUSINESS

 

Electrical Supply to Town of Ellicott Residents – Supervisor Tyler reported that the Town of Busti & the Village of Lakewood recently requested that the Jamestown Board of Public Utilities become their electricity supplier instead of the Niagara Mohawk Power Corp.  He explained that the BPU has requested state funding to conduct a study to determine the feasibility of the request.  He discussed the possibility of shifting areas of the Town of Ellicott currently being serviced by Ni-Mo onto the BPU power grid.  Mr. Tyler noted that although most of the Town is currently being serviced by the BPU, a number of areas are not.  He stated that he would look into the possibility of including the Town of Ellicott in the proposed feasibility study.  However, he pointed out that the cost of the sturdy would be approximately $100,000.00.  Should state funding for the study not be authorized, the municipalities might have to share the cost of the study.  Supervisor Tyler & Town Clerk Erlandson will discuss the matter with BPU officials.

 

The Regular Town Council meeting scheduled for Feb. 20, 2006 was cancelled in observance of President’s Day.

 

RESOLUTION #34-06

Equipment Purchase

 

Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing Highway Superintendent Shellhouse to purchase a 2006 Ford F550 Dump Truck (with Dump Box and Diesel Package) at a cost to the Town of Ellicott of $25,192.00 (including trade-in of 1997 Ford F350 Dump Truck) and; further, authorizing Highway Superintendent Shellhouse to purchase a 2006 Ford F350 Pickup Truck with 9-foot plow at a cost to the Town of Ellicott of $19,498.00 (including trade-in of 1997 Chevrolet 3500 Pickup Truck).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #35-06

Budget Transfers


Motion by Supervisor Tyler, seconded by Councilman Pickett authorizing Town of Ellicott Supervisor to make the following 2005 budget transfers & encumbrances:

 

Transfer the amount of $17,524.42 from Account #DB9060.8 (Highway – Medical Insurance) to Account #DB5110.4 (Highway General Repairs - Contractual); transfer the amount of $3,906.45 from Account #DB5142.1 (Snow Removal – Personal Services) to Account #DB5130.4 (Highway Machinery - Contractual); encumber $1,712.04 into Account #A9060.8 (Medical Insurance); encumber $1,500.00 into Account #A1330.4 (Tax Collection – Contractual); encumber $41,026.02 into Account #A3120.1 (Police – Personal Services); encumber $7,056.06 into Account #A1320.4 (Police – Contractual); encumber $30,892.95 into Account #A1320.9 (Police – DWI Services); encumber $1,200.00 into Account #B9060.8 (Medical Insurance); encumber $904.29 into Account #B8010.4 (Zoning - Contractual); encumber $904.29 into Account #B8020.4 (Planning - Contractual); encumber $1,387.95 into Account #DB9060.8 (Highway - Medical Insurance); encumber $18,216.24 into Account #DB5142.4 (Snow Removal - Contractual).

    

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #36-06

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2005 current claim #1505 in the amount of $1,277.74 and charge to the proper fund or account; and, further, to pay 2006 current claims #46-133, inclusive, in the amount of $67,330.63 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 7:34 PM.

 

Carried.                              Ayes - 5                               Noes - 0                               Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk