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

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

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, 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 Pickett to accept the minutes of the February 27, 2006 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

PRIVILEGE OF THE FLOOR

 

Legislator Spicer discussed the current status of a “utility tax”.  He reported that Chautauqua County Executive Gregory Edwards recently vetoed a resolution by the Chaut. Co. Legislature to eliminate the utility tax.  Mr. Spicer intends to sustain the veto.  He explained that removing the tax would create a budget shortfall for the County of approximately $1.8 million, resulting in a loss of revenue for the Town of Ellicott of approximately $80,000.00.  In addition, Mr. Spicer pointed out that the Legislature did not propose a matching cut in expenditures to make up for the anticipated budget shortfall.  In his opinion, the tax should not be abolished without input from local municipalities.  He asked the Council for direction re the matter.  The Council asked Mr. Spicer a number of questions concerning the elimination of the tax.  Supervisor Tyler asked him to provide documentation outlining the effect that eliminating the utility tax would have on local governments throughout Chautauqua Co.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

           

1.      Notice of Public Hearing to be held by the Village of Falconer on a proposal to amend the Zoning Law re adult use within the Village.

2.      Notice of Public Hearing to be held by the Jamestown Board of Public Utilities re the proposed clean coal project.

3.      Copy of letter from Chaut. Co. Legislator Wally Huckno concerning the disposition of a portion of Wilcox Ave. (tax parcel #25-8-18) located in the Town of Ellicott.

4.      Invitation to upcoming Legislative Breakfast to be held in Lakewood, NY on March 25, 2006.

5.      Falconer Fire Dept. Incident Report: December 2005.

6.      Notice of an upcoming seminar re “The Immutable Rules of Successful Tourism”.

7.      Newsletter: Chaut. Co. Chamber of Commerce.

8.      Newsletter: Greater Jamestown Empire Zone.

 

TOWN OFFICERS’ REPORTS

 

Councilman Pickett distributed a draft of a proposed dog control ordinance for the Town of Ellicott.  Mr. Pickett outlined the major aspects of the proposed ordinance & asked the Council to review the draft for discussion at future Council meetings.

 

Councilman Geisler reminded the Town Council that he and Councilman Heintzelman recently attended a meeting w/ Town of Ellicott employees as well as the Town’s health insurance brokers to discuss employee health insurance issues.  He explained that further meetings would be conducted throughout the year.

 

Town Attorney Lasker reported that he recently prosecuted an alleged code enforcement violation in the Town of Ellicott court.  He expects a decision from the Town Justice re the matter in April 2006.

 

OLD BUSINESS

 

Abandoned House on Bentley Ave. – Town Attorney Lasker reported that he is attempting to expedite negotiations re the demolition of an abandoned house located at 2808 Bentley Ave.  (Minutes 1/2/06 et. seq.)  He expects to resolve the matter soon.

 

Water Pump Station on School Ave. – Highway Superintendent Shellhouse discussed the status of constructing a water-pump station in West Ellicott in the Howard Ave. - School Ave. area.  (Minutes 10/3/05 et. seq.)  He distributed a tax map showing the proposed location of the pump near Glenwood Ave.  He explained that the pump would be constructed on a Town of Ellicott “right-of-way”.  Attorney Lasker recommended that a title search be conducted of the property.  Mr. Shellhouse recommended that the Town Council retain Tolman Engineering, PLLC to design the pump, conduct public bidding & oversee construction at a cost not to exceed $14,880.00.  However, he noted that the amount could be considerably less depending on how much assistance the Jamestown Board of Public Utilities can provide.

 

RESOLUTION #41-06

Retain Engineer Rex Tolman (Howard Ave. Water Pump Station)

 

Motion by Councilman Geisler, seconded by Councilman Heintzelman to retain Tolman Engineering, PLLC for the purpose of providing engineering services to complete design, public bidding and construction oversight for the proposed Howard Avenue Pump Station project, at a cost to the Town not to exceed $14,880.00.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

 

NEW BUSINESS

 

No New Business

 

RESOLUTION #42-06

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2006 current claims #219-278, inclusive, in the amount of $88,333.09 and charge to the proper fund or account.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:37 PM.

 

Carried.                              Ayes - 5                               Noes - 0                               Absent - 0

 

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk