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

December 9, 2005 at 12:20 P.M.

Present: Supervisor Tyler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Highway Superintendent Shellhouse and Deputy Town Clerk Pierce.

Absent: Councilman Geisler, Town Clerk Erlandson.

Supervisor Tyler opened the meeting at 12:20 PM and led the Town Council in the Pledge of Allegiance. Deputy Town Clerk Pierce called the roll.

RESOLUTION #101-05

Payment of Claims

Motion made by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2005 current claims #1330-1416 inclusive, in the amount of $53,985.25 and charge to the proper fund or account.

Adopted. Ayes - 4 Noes - 0 Absent – 1

Highway Superintendent Shellhouse reported that he received a letter from the New York State Dept. of Transportation requesting that the Wicks Ave. railroad crossing be permanently closed. He explained that, in conjunction with the closing, the DOT has recommended that N. Green St. be extended to Fairmount Ave. Since closing the railroad crossing would effectively turn Wicks Ave. into a dead-end street, extending N. Green St. would allow access for snow-plowing & turning vehicles. Mr. Shellhouse explained that most of N. Green St. is currently a ‘paper street’. He added that the DOT would be willing to commit up to $50,000.00 towards the cost involved in extending the street. Supervisor Tyler asked if closing the crossing would interfere with potential development in that area. Mr. Shellhouse assured him that it would not.

RESOLUTION #102-05

Wicks Avenue Crossing Closure

Motion made by Supervisor Tyler, seconded by Councilman Heintzelman supporting the proposed closure of the Wicks Avenue at-grade railroad crossing with Western New York & Pennsylvania Railroad in the Town of Ellicott. (see ‘Wicks Ave. Railroad Crossing’ file for detail)

Adopted Ayes – 4 Noes – 0 Absent – 1

Superintendent Shellhouse asked that a letter & a copy of the resolution be sent to NYSDOT.

Highway Superintendent Shellhouse reported on the status of litigation involving a property located at 1960 Southwestern Dr. He explained that the litigation concerns an alleged drainage problem on the property. He added that although the litigation was filed against the former owner of the property, the Town of Ellicott has been named in the lawsuit. According to Mr. Shellhouse, the current owner of the property, Mr. Joseph Magnio, would remove the Town from the litigation if the Town agreed to upgrade the drainage on Orchard Rd. Mr. Magnio feels that upgrading the drainage would improve the situation on his property. Mr. Shellhouse stated that he recently received a cost estimate of $93,000.00 to upgrade the drainage on Orchard Rd. and Southwestern Dr. However, he stated that the Town does not have monies in the budget to conduct the upgrades. Supervisor Tyler asked Mr. Shellhouse if the Town is responsible for producing the water that is creating the problem on Mr. Magnio’s property. Mr. Shellhouse explained that the matter existed prior to Mr. Magnio’s purchase of the property. The Council discussed the matter and decided not to proceed with the drainage improvements at the present time.

Motion made by Supervisor Tyler, seconded by Councilman Miller to adjourn at 12:27 PM.

Carried. Ayes - 4 Noes - 0 Absent - 1

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Valerie Pierce, Deputy Town Clerk