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

March 2,= 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando= , Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandso= n, Highway Superintendent Shellhouse, Attorney Wright, Police Chief Ohnmeiss, Legislator Barmore.

Supervisor Miller open= ed the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called t= he roll.

APPROVAL OF MINUTES

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink to accept the minutes of the February 2, 2009 meeting as presented by the Town Clerk.

Carried. = &nb= sp; Ayes - 5 = &nb= sp; Noes - 0 &nb= sp; = Absent - 0

PRIVLIEGE OF THE FLOOR

Legi= slator Barmore reported that the Chaut= auqua Co. Legislature recently completed a feasibility study re county-wide assessing. He discussed the findings of the study. He exp= lained that the study recommends that Chaut. Co. institute county-wide assessing. Mr. Barmore outlined the advantages and disadvantages of adopting a county-wide assessing program. He asked the Town Council for direction re the matter. The Council was in agreement that a county-wide assessing program would not benefit the Town of Ellicott at this time.

CORRESPONDENCE

&= nbsp; Town Clerk Erlandson read the following items into the record:=

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1. 2008 Annual Financial Report: Fluvanna Fire District.=

2. Falconer Fire Chief= 217;s Report: January 2009.

3. Newsletter: Southern Tier West Regional Planning &= amp; Development Board.

4. Newsletter: Chautauqua County Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Counc= ilman Lodestro reported that the Ellicott Facilities Committee met on Feb. 11, 2009. He stated that the committee is looking into possible funding sources to upgrade the Town of <= st1:City w:st=3D"on">Ellicott Highway Garage located on East Mosher Str= eet. He also reminded the Council that = the roof on the Ellicott Administration Bldg. needs to be repaired.

Counc= ilman Heintzelman reported that two public meetings re the Town of Ellicott comprehe= nsive plan have been conducted in the past month. He stated that the first draft of = the comprehensive plan should be completed in the near future.

Councilman Orlando reported that he is continuing to work with the Ellicott Cemetery Committee re the purchase of flags for veterans’ gravesites in the cemeteries located within the Town of Ellicott.

Town = Clerk Erlandson reported that he would be meeting with the Ellicott Dog Contr= ol Officer as well as V= illage of Celoron and= Village<= /st1:PlaceType> of Falconer officials to discuss the possibility of conducting a dog census sometime in 2009.

Highw= ay Superintendent Shellhouse reported that the electrical work at the new water pump station in West Ellicott has = been completed. He stated that abo= ut 500 feet of pipe still needs to be installed before the pump station is operational.

Mr. Shellhouse also reported that he is looking into the possibility of the Town of Ellicott obtaining an easement for the purpose of utilizing a storm pond behind ALDIs on <= st1:address w:st=3D"on">Fairmount Ave. He explained that the storm pond w= ould be used for drainage in conjunction with the reconstruction of Green Street.

Polic= e Chief Ohnmeiss gave a brief report re the Ellicott Police Dept.

Super= visor Miller reported that he received a letter from the Chautauqua Co. Board of Elections re the possible consolidation of polling sites. He explained that the BOE is recommending that three (3) polling places in the Town of Ellicott be merged with other existing polling sites. Following a discussion of the matter, the Council agreed that it is not opposed to the BOE’s recommendations. (See ‘Board of ElectionsR= 17; file for detail)

Mr. M= iller reminded the Town Council that it will conduct its March 16, 2009 Regular Meeting at= the Fluvanna Library.

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Mr. M= iller also reported that the court decision in favor of the Town of Ellicott re the Cunningham v. Town of Ellicott civil case was upheld on appeal.= (see ‘Cunningham, Tera’= ; file for detail)

Mr. M= iller also reported that the Town of Ellicott receive= d an invoice from the Village<= /st1:PlaceType> of Lakewood in the = amount of $2,000.00 for the Town’s share of a feasibility re the “municipalization” of electricity distribution.

OLD BUSINESS

No Old Business

NEW BUSINESS

RESOLUTION #33-09

Environmental Assessment (Green St. Storm Water & Erosion Contr= ol Facilities Project)

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro stipulat= ing that the Green St. Storm Water & Erosion Control Facilities Project currently underway in conjunction with the reconstruction of Green St. will have n= o significant adverse environmental impacts. (see ‘Green St. Reconstruction’ file for detail)

Adopted. = = Ayes - 5 = &nb= sp; Noes - 0 = &nb= sp; Absent - 0

RESOLUTION #34-09

Hire Part-Time Police Officer (Ellis)

MOTION by Councilman Lodestro, seconded by Councilman Heintzelman to hire = Andrew Ellis, Kennedy, NY, as a part-time Town of Ellicott Police Officer, effective March 2, 2009, at a starting rate of pay of $12.27 per hour and subject to a one-year probation.

Adopted.             =             &nb= sp;   Ayes - 5        =             &nb= sp;          Noes - 0                      =          Absent - 0

=

RESOLUTION #35-09

Renewal of Town Insurance

MOTION by Supervisor Miller, seconded by Councilman Orlando to accept a proposal from Selective Insuran= ce to provide comprehensive liability insurance to the Town of Ellicott for the year beginning March 2, 2009 = and terminating March 1, 2010 at a cost to the Town of Ellicott of $96,1= 08.00. (see ‘Insurance’ file = for detail)

Adopted.    &n= bsp;         =             &nb= sp;   Ayes - 5        =             &nb= sp;             Noes - 0             =               Absent - 0

Re= tirement of Town Assessor – Supervisor = Miller reported that Town of Ellicott Assessor Marsha Painter will be retiring, effective March 30, 2009. Mr. Miller st= ated that he and Councilman Beckerink met with City of Jam= estown officials on Feb. 27, 2009 to discuss the possibility of having the city provide assessing services for the Town of Ellicott – as opposed to hiring a= new assessor. He noted that asses= sing services in southern Chautauqua Co. have consolidated in the past few years= . He explained that in 2004, the Cit= y of Jamestown & the Town of Busti merged their assessing services.<= span style=3D'mso-spacerun:yes'> Since that time other municipaliti= es have also merged their assessing services with the city. In fact, Mr. Miller pointed out th= at City of Jamestown/Town of Busti Assessor, Randa= ll Holcomb, now provides assessing services for eight (8) municipalities in southern Chautauqua Co. – including Jamestown. Mr. Miller outlined the benefits of consolidation. He explained t= hat although the Town’s assessing office would be re-located to Jamestown City Hall, it would actually be = closer for Ellicott residents from Celoron, West Ellicott and Fluvanna. (He added that, for the time being, the current assessing office at= the Town Administration Bldg. would remain open one day per week.) He stated that having the city= take on the Town’s assessing services would initially save the Town about $5,000.00 annually – more when future retirement and health insurance costs are considered. He also= stated that town residents would benefit from having access to the Jamestown Asses= sing Department’s superior computer & internet resources. Mr. Miller outlined the costs asso= ciated with the proposed consolidation. He explained that should the Town Council wish to move ahead with the consolid= ation, it would be necessary for the Town of Ellicott to enter into two (2) agreements: one with the City of Jamestown and one with the Town of Busti= – since both municipalities jointly administer the assessing “association”. Mo= re importantly, he emphasized that both would be one-year agreements - subject= to renewal at the end of each calendar year.&= nbsp; (Note: the contracts for 2009 would be for nine (9) months only – expiring on December 31, 2009.) Mr. Miller explained that the effe= ctive date for the proposed consolidation is March 30, 2009. The Council discussed the matter.<= span style=3D'mso-spacerun:yes'> Councilmen Beckerink and Heintzelm= an stated that they have contacted other towns currently receiving assessing services from Mr. Holcomb. The councilmen noted that those municipalities are very satisfied with the serv= ice they are receiving. Attorney = Wright asked several questions re the proposed contracts.

RESOLUTION #36-09

Agreement w/ Town of Busti & C= ity of Jamestown re Assessing Services

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink to enter into agreements with the Town of Busti and the City of Jamestown for the purpose of appointing Town of Busti/City of Jamestown Assessor Randall Holc= omb as the Town of Ellicott Assessor, for the period March 30, 2009 through December 31, 2009 subject to review by the Town of Ellicott Attorney.<= /o:p>

Adopted.        =             &nb= sp;         Ayes - 5        =             &nb= sp;             Noes - 0        =             &nb= sp;      Absent - 0

RESOLUTION #37-09

Review of Financial Re= cords (Clerk/Supervisor/Court)

&nb= sp;

MOTION by Councilman Beckerink seconded by Councilman Lodestro stipulating= that the Ellicott Town Council has completed its review of the 2008 financial records for the Ellicott Town Clerk, Town Court and Town Supervisor.

Adopted.    =         =             &nb= sp;        Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;     Abstain - 1

Councilman Heintzelman Abstained.

   &nbs= p;            RESO= LUTION #38-09

   &nbs= p;            Su= pporting Resolutions (South & Center Chautauqua Lake Sewer Districts)=

MOTION = by Councilman Lodestro, seconded by Councilman Heintzelman to support an application for grant assistance for five (5) san= itary sewer projects proposed by the Board of Directors of the South & Center Chautauqua Lake Sewer Districts through the<= /span> American Recovery & Reinvestmen= t Act (AR&RA) of 2009. (see ‘South & Center Chautauqua Lake Sewer Districts’ file for detail)

Adopted.        =             &nb= sp;            Ayes - 5        =             &nb= sp;          Noes - 0        =             &nb= sp;      Absent - 0

RESOLUTION #39-09

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay Abstract #4 in the amount of $120,320.84 and charge to the proper funds or accounts.

Adopted.                 =             &nb= sp;   Ayes - 5        =             &nb= sp;          Noes - 0             =             &nb= sp; Absent - 0

RESOLUTION #40-09

Executive Session (Personnel)

MOTION by Supervisor Miller, seconded by Councilman Orlando to convene = Executive Session for the purpose of discussing a personnel matter.   7:55 – 8:45 PM.

Adopted.        =             &nb= sp;            Ayes - 5        =             &nb= sp;          Noes - 0        =             &nb= sp;      Absent - 0

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 8:45= PM.

Carried.        =                    =        Ayes - 5        =                        Noes - 0                     =       Absent - 0

      = ;

      = ;              &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; _________________________________

      = ;                      &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;     Michael C. Erlandson, = Town Clerk

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