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

April 6,= 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Beckeri= nk, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Legislator Barmore, Legislator Nazzaro. 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.

APPROVAL OF MINUTES

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink to accept the minutes of the March 16, 2009 meeting as presented by the Town Clerk.<= /o:p>

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

&nbs= p; P= RIVILEGE OF THE FLOOR

Legi= slator Nazzaro reported on the status = of the Chautauqua County Home located = in Dunkirk, New York. He explained that the County Home is a 216 bed long-term health care facility. The 280 member staff provides 24-hour medical care as well as physical, occupational and speech therapy. Mr. Nazza= ro reported that the Chautauqua Co. Legislature has formed a committee to review operat= ions at the County Home. He stated that the County Home’s operating budget is approaching a deficit.<= span style=3D'mso-spacerun:yes'> He expressed concern that the coun= ty eventually may have to make up the deficit. He explained that the County Home has always been self-supporting and has never had to receive county tax subsidies. He noted that it has historically = been funded primarily through Medicaid allocations. However, he pointed out that Medic= aid allocations are being drastically reduced.= In addition, although the Co= unty Home will receive federal stimulus monies to cover operational costs for the next several years, that funding will no longer be available after 2011. Therefore, the legislat= ive committee is beginning to look into alternatives for keeping the County Home operational. He asserted that he is opposed to = the County Home being subsidized by Chautauqua Co. He stated that= the committee’s goal is to keep the County Home open without utilizing co= unty tax dollars. The Town Council= asked Mr. Nazzaro a number of questions concerning the matter. Mr. Nazzaro stated that he will ke= ep the Council informed re the progress of the committee.

Legi= slator Barmore discussed a 1996 tax collection agreement between Chautauqua Co. & the cities of Jamestown and Dunkirk. He explained that as part of the agreement the County took over tax collection operations for the two cities. Mr. Barmore explained= that the agreement stipulates that the cities are required to reimburse the coun= ty for unpaid tax monies not recouped at tax sale. However, he stated that the agreem= ent has never been enforced and neither city has ever repaid the county. According to county officials, the cities are $3.5 million in debt to the county. Mr. Barmore is concerned that county taxpayers outside the two cities are subsidizing the cities’ debt. He stated that he intends to pursu= e the matter.

CORRESPONDENCE

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

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<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1. Letter from Dr. David = Todd, 120 Southwestern Dr. expressing support for removing the “no left turn” sign onto Southwestern Dr. from Wegman’s Plaza.=

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Notification re the an= nual Local Government Conference sponsored by So. Tier West Regional Planning & Devel. Board to be held at Houghton <= st1:PlaceType w:st=3D"on">College on May 6, 2009.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3. Newsletter: Chautauqua Co. Chamber of Commerce= .

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4. Newsletter: Chautauqua Co. Office of Emergency Ser= vices.

TOWN OFFICERS’ REPORTS

Counc= ilman Lodestro reported that he and Councilman Beckerink attended a Legislati= ve Breakfast in Lakewood, New York on March 28, 2009.

Mr. L= odestro asked Legislator Barmore for assistance in obtaining a portion of Chautauqua County’s “bed-tax” monies for the cleanup of the = Chadakoin River east of Falconer. Mr. Barmore agreed to assist in the matter.

Mr. L= odestro also reported that the Ellicott Facilities Committee will be meeting on Apr= il 8, 2009. He outlined several matters the committee will be discussing.

Counc= ilman Heintzelman reported that he, Councilman Lodestro & Attorney Wright= met with a mediator from the Public Emp= loyee Relations Board (PERB) on March 26, 2009 re the “impasse” in negotiations with Town of Ellicott CSEA Highway/Office employees pertaining= to a new labor agreement. Mr. Heintzelman feels that the meeting went well. He is optimistic that the issues t= hat led to the impasse – primarily involving health insurance - can be resolved. He stated that the mediator will be scheduling a follow-up meeting within the next few weeks.<= /p>

Counc= ilman Beckerink commented on the recent consolidation of the Town’s assessing services with the Town of Busti. (Minutes 3/2/09 et. seq.) He expressed concern that the asse= ssing office at the Ellicott Administration Bldg. is not being staffed one day per week as originally agreed upon. Supervisor Miller explained that the new Town of Ellicott Assessor, Randy Holcomb, requested that he be allowed to postpone staffing the office for several we= eks due to the increased work load generated by the consolidation. Mr. Miller stated that the assessi= ng office at Town Hall will re-open one day a week beginning on June 1, 2009.<= /p>

Super= visor Miller reported that he and Councilman Orlando will be meeting with Village of Celoron officials in the next few = weeks to discuss possible “shared service” opportunities. He added that he and Councilman Lo= destro will be meeting with Village of Falcone= r officials to discuss similar opportunities.

Highw= ay Superintendent Shellhouse informed the Town Council that he intends to retire in June 2009. He expla= ined that he will begin collecting retirement benefits shortly afterwards. He stated that he would like to re= tain his position as Highway Superintendent.&nb= sp; He asked the Town Council to consider appointing him to the vacant Highway Superintendent position that will be created upon his retirement. He pointed out that his term expir= es on Dec. 31, 2009. However, he st= ated that he plans on running for another 4-year term in November 2009. If elected, he would continue to w= ork for the Town at a significantly reduced salary, effective Jan. 1, 2010. Mr. Shellhouse noted that the Town= would save at least $46,000.00 in salary and benefits each year that he remains in office. The Council discussed= Mr. Shellhouse’s proposal. Mr. Shellhouse and Councilman Lode= stro will meet with Attorney Wright to further look into the matter.

OLD BUSINESS

RESOLUTION #44-09

Appointment of Town Assessor to Fill Unexpired Term (Holcomb)<= /o:p>

MOTION by Councilman Beckerink, seconded by Councilman Heintzelman appointing Randy Holcomb to fill = an unexpired six-year term as the Town of Ellicott Assessor; term to expire September 30, 2013.

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

NEW BUSINESS

Purchase of New Dump T= ruck – Highway Superintendent Shellhouse reported that he is looking into the feasibility = of purchasing a new dump truck. = He stated that he may be able to receive a discounted price on a new truck thr= ough the federal stimulus program.

RESOLUTION #45-09

= Sale<= /st1:place> of Town Vehicle (Assessor’s Car)

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to adve= rtise for bids for the sale of a use= d 2000 Ford Taurus formerly util= ized by the Town of Ellicott Assessing Dept.

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

Do= g Census – Town Clerk Erlandson stated that he is considering conducting a dog census in the Town of <= st1:City w:st=3D"on">Ellicott. He explained that a census has not= been conducted in twelve years. In= his opinion, there are many dogs throughout the town that are not licensed. He reminded the Town Council that,= in accordance with New York State Ag & Markets Law, all dogs in NY State m= ust be licensed. He noted that th= e Town is losing revenue when dogs are not licensed. In addition, dog licensing serves a public safety purpose since it allows the town to ensure that dogs’ rabies vaccinations are up to date. He estimates the cost of conducting the census would not exceed $5,0= 00.00. He indicated that there is suffici= ent funding in the budget to cover the cost of the census. He asked the Council whether he sh= ould proceed. The Council discusse= d the matter & decided not to conduct a dog census at the present time.<= /o:p>

RESOLUTION #46-09

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay Abstract #6 - excluding Voucher # 09-39= 8 (Clark Patterson Lee) - in = the amount of $95,734.23 and charge to the proper funds or accounts.=

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

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 8:23= PM.

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

= ;

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

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

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