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

October 21, 2002 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Lodestro, Councilman Miller, Councilman Taylor, 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.

 

PUBLIC HEARING (Local Law #5-2002 re Garage Sales)

 

Supervisor Tyler opened a Public Hearing on proposed Town of Ellicott Local Law #5-2002 amending the Town of Ellicott Code re Garage Sales.  Town Attorney Lasker explained the law.  The Town Council asked several questions pertaining to several aspects of the proposed law.

 

Supervisor Tyler closed the Public Hearing at 7:07 PM.

               

APPROVAL OF MINUTES

 

Motion by Councilman Taylor, seconded by Councilman Lodestro to accept the minutes of the October 7, 2002 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

                PRIVILEGE OF THE FLOOR

 

Legislator Spicer thanked the Ellicott town Council for addressing drainage problems in the Lewis St. area. 

 

Mr. Spicer also commented on the new veterans’ property tax exemption.

 

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Notice from the New York Dept. of State that Town of Ellicott Local Law #3-2002 has been received and filed.

2.      Notification that the Chautauqua County Board of Elections will have extended hours during the next several weeks leading up to the Nov. 5 elections.

3.      Notice from Chaut. Co. Health Dept. re a recent rabies immunization clinic recently held in Jamestown.

4.      Notice from So. Tier West Regional Planning Board re an upcoming GPS training seminar.

5.      Falconer Fire Dept. Incident Reports: June – Sept. 2002.

6.      Police Activity Report: Dept. 2002.

 

TOWN OFFICERS’ REPORTS

 

Councilman Geisler asked about the status of negotiations between the Town of Ellicott and the CSEA Highway Employees re a new labor agreement.

 

Mr. Geisler also asked about the status of installing a traffic safety signal on Fairmount Ave. (Rte. 394) at the entrance to Sam’s Club.  (Minutes 2/4/02)  The Council discussed the matter.  Mr. Geisler stated that he would contact N.Y. State Dept. of Transportation officials re the status of a traffic study the DOT is conducting on Fairmount Ave.

 

OLD BUSINESS

 

Proposed Local Law #5-2002 (Garage Sales) – The Council discussed proposed Town of Ellicott Local Law #5-2002 amending the Town of Ellicott Code re Garage Sales.  The Council decided not to charge a fee for obtaining a “garage sale license.”  The Council also decided that the proposed law would not take effect until March 1, 2003.

 
RESOLUTION #128-02
Adopt Local Law #5-2002 re Garage Sales

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to adopt Town of Ellicott introductory Local Law #5-2002 amending Sections 121-5 (8) of the Town of Ellicott Code regarding Garage Sales.      (see ‘Local Law #5-2002’ for detail)

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

Water Service on Camp St. Ext. – Councilman Lodestro reported that the Ellicott Highway Dept. would begin installing a new water line on a section of Camp St. Ext. next week.

 

NEW BUSINESS

 

RESOLUTION #129-02

 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 $51,200.00 for repair of the Ninth St. Bridge.  (see ‘BAN’ file for detail)

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #130-02
Accept Road (Lodestro Lane)

 

Motion by Supervisor Tyler, seconded by Councilman Miller to accept Lodestro Lane as a Town of Ellicott roadway.

 

Adopted.                            Ayes - 4                               Noes - 0                               Abstain - 1

(Councilman Lodestro Abstained.)

 

Inter-municipal Agreement re Herbicide Application in Chautauqua Lake – Supervisor Tyler reported that a tentative agreement among the Town of Ellicott, Town of Busti and Town of Ellery has been drafted concerning herbicide application in the lower basin of Chautauqua Lake.  He explained that the agreement stipulates that the Town of Ellicott be the “lead agency” for the proposed application.  Tabled pending adoption by Busti and Ellery.

 

Preliminary Budget (2003) - Supervisor Tyler presented the proposed Town of Ellicott Preliminary Budget for fiscal year 2003.  The proposed tax rates for 2003 are as follows:

 

            $3.084802/per thousand – Town of Ellicott (outside the villages)

            $2.953479/per thousand – Villages of Celoron and Falconer

 

Mr. Tyler noted that the proposed tax rates would be less than in fiscal year 2002.  He thanked the Town Council members & department heads for facilitating the tax decrease.  Mr. Tyler noted that copies of the proposed budget may be obtained at the Ellicott Town Clerk’s office.

 

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for November 4, 2002 at 7:00 PM regarding the proposed Town of Ellicott Preliminary Budget for fiscal year 2003.

 

Adopted.                               Ayes - 5                               Noes - 0                             Absent - 0

 

RESOLUTION #131-02

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 $537.70 from Account #A9010.8 (Retirement) to Account #A1110.4 (Town Justice – Contractual); transfer the amount of $2,820.77 from Account #A9010.8 (Retirement) to Account #A1420.1 (Attorney – Personal Services).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

 

RESOLUTION #132-02

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Lodestro to pay 2002 current claims #1251-1315, inclusive, in the amount of $52,825.31 and charge to the proper fund or account.

 
Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Taylor to adjourn at 7:38 PM.

 

Carried.                              Ayes - 5                               Noes - 0                               Absent - 0

 

 

                                                                                    _________________________________

                                                                                    Michael C. Erlandson, Town Clerk