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

April 5,= 2010 at 7:00 P.M.

Present: Supervisor Miller, Councilman Beckeri= nk, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintend= ent Shellhouse, Attorney Wright, Legislator Barmore. Absent: Councilman Orlando.

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.

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APPROVAL OF MINUTES

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to accept the minutes of the March 15, 2010 meeting as presented by the Town Clerk.<= /o:p>

Carried. = = Ayes - 4 = &nb= sp; Noes - 0 = &nb= sp; Absent - 1

CORRESPONDENCE

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

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1. Notification re the an= nual Local Government Conference sponsored by So. Tier West Regional Planning & Devel.&n= bsp; Board to be held at Houghton College on May = 5, 2010.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Notice of Public Heari= ng: Village of Falconer Zoning Board of Appeals.

3. Newsletter: Chautauqua County Chamber of Commerce.

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TOWN OFFICERS’ REPORTS

Coun= cilman Lodestro reported that he is looking into restructuring = the payment plan for residents in the Buffalo-Willard Water District.

Town= Clerk Erlandson read a letter from Attorney Andrew Goodell re t= he proposed new comprehensive plan for the Town of Ellicott. Mr. Goodell suggests that the propo= sed “low intensity commercial” zone along the west side of Dunham Ave.= be extended further west all the way to Allegheny Ave. (See ‘Zoning - Comprehensive Plan’ file for detail) = The Town Council discussed whether the request should be referred to the Ellico= tt Planning Board for further review. <= /span>Councilman Heintzelman stated tha= t the proposed Comprehensive Plan is only a “blueprint” - the Town Council is not compelled to strictly adhere to the plan’s proposals.<= span style=3D'mso-spacerun:yes'> He pointed out that the Comprehens= ive Plan Committee will continue to meet periodically after the new plan is ado= pted to discuss zoning & code issues within the framework of the Comprehensi= ve Plan. He feels that these mee= tings would be the ideal opportunity for requests such as Mr. Goodell’s to be discussed. Attorney Wri= ght also reminded the Council that all rezoning requests referred to the Planni= ng Board require the applicant to remit a $500.00 fee. It would therefore be advantageous= to have such requests reviewed by the Comprehensive Plan Committee prior to th= eir referral to the Planning Board. The Council decided not to refer Mr. Goodell’s request to the Planning Board at the present time.

Supe= rvisor Miller reported that he receive= d a letter from Falconer Public Library= Director Sue Seamons thanking the Town Council for its annual allocation to= the library.

Mr. = Miller also reported that the Chaut. Co. Industrial Development Agency will be conducting two (2) public hearings on April 26, 2010 re property tax exemptions for SKF and Inscape Corp.

Mr. = Miller also reported that he received a letter from th= e New York State Office of the Attorney General. Mr. Miller explained that the Town= has been asked to provide salary and overtime information concerning the past t= en (10) retired Town of Ellicott<= /st1:place> employees. He stated that Town Clerk Erlandson will compile the information.

Mr. = Miller also reported that he and Highway Superintendent Shellhouse met today with City of <= st1:place w:st=3D"on">Jamestown offi= cials re drainage problems in the H= uxley Ave. area of the city. He stated that the city will updat= e a 1997 engineering plan that addresses the problem. Once the plan is updated, the part= ies will meet again to discuss the feasibility of implementing the plan.

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> – The Town Coun= cil discussed the status of the proposed new Town of Ellicott comprehensive plan. Supervisor Miller noted= that the Town received letters from the Villages of Celoron and Falconer consent= ing to the Town of Ellicott serving as Lead Agency for environmental review of the plan. (Resolution #41-10) The Council feels that the plan sh= ould be adopted. Attorney Wright a= dvised the Council re how to proceed with the final approval of the plan.

RESOLUTION #48-10

Declaration of Lead Ag= ency for Environmental Review of Comprehensive Plan

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro <= span style=3D'font-size:12.0pt'>declaring the Town of Elli= cott lead agency for environmental review of the proposed Comprehensive Plan of = the Town of Ellicott, the Village of Celoron and the Village of Falconer in acco= rdance with the New York State Environmental Quality Review Act (SEQR).=

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

=

RESOLUTION #49-10

Negative Declaration (Comprehensive Plan)

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink declari= ng that a proposed new Town of Ellicott Comprehensive Plan will have no significant impact on the environment; therefore a negative declaration wil= l be prepared.

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

RESOLUTION #50-10

Refer Comments re Comprehensive Plan to Planning Board

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to refer all pub= lic comments and correspondence regarding the proposed Town of Ellicott Comprehensive Plan to the town of Ellicott Planning Board for the purpose= of determining whether any further revisions need to be made to the plan.

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

=

RESOLUTION #51-10

Accept Bids for Highway Materials & Services

MOTION by Councilman Heintzel= man, seconded by Councilman Lodestro authorizing Highway Superintendent Shellhou= se to accept the Chautauqua<= i> County and New York State bids for highway materials and services.

=

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

=

NEW BUSINESS

=

RESOLUTION #52-10

Permission to Sell &am= p; Scrap Equipment

MOTION by Councilman Heintzel= man, seconded by Councilman Lodestro authorizing the Town of Ellicott Highway Superintendent to sell= used equipment at auction and; further, authorizing the Highway Superintendent to sell additional used equipment for salvage value.

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

=

RESOLUTION #53-10

Permission to Bid (New Tractors)

MOTION by Councilman Heintzel= man, seconded by Councilman Lodestro authorizing Highway Superintendent Shellhou= se to obtain bids for two (2) new tractors for the Town of Ellicott Highway Dept.

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

=

Step = 4 of Grievance Process (CSEA Hi= ghway Unit) – Tabled until the = April 19, 2010 meeting.

=

RESOLUTION #54-10

Payment of Claims=

MOTION by Supervisor Miller, seconded by Councilman Lodestro to pay Abstract #7 in the amount of $95,734.23 and charge to the proper funds or accounts.

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

MOTION by Supervisor Miller, seconded by Councilman Beckerink to adjourn at 7:47 P= M.

Carried.        =             &nb= sp;          Ayes - 4        =             &nb= sp;             Noes - 0        =             &nb= sp;     Abse= nt - 1

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      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;   _________________________________

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

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