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

May 17, = 2010 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, 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.

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APPROVAL OF MINUTES

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to accept the minutes of the May 3, 2010 meeting as presented by the Town Clerk.

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

CORRESPONDENCE

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

1. Certification of Atten= dance for Board of Assessment Review training: Paul Benke, 3270 Gerry-Levant Rd.

2. Letter from the Chautauqua County Dept. of Planning & Development re two upcoming workshops = for development of the new Chaut. Co. Comprehensive Plan.

3. “Certificate of Satisfaction” from the Chauta= uqua County Dept. of Real Property Services regarding the 2010 Tax Warrant issued to the Town of Ellicott.

4. Letter from the New York State Dept. of Transportation re proposed driveway and sidewalk improvements along Fairmount Ave. (Rte. 394).

5. Notice of Public Heari= ng: Village<= /st1:PlaceType> of Falconer Zoning Board of Appeals.

6.&n= bsp; Invitat= ion to an Annual Recognition Dinner sponsored by the Ellery Sno-Cruisers.

7. Notification re the an= nual Village<= /st1:PlaceType> of Falconer Memorial Day Parade to be held on May 31, 2010.

8. Letter from the Chaut.= Co. Board of Elections re the re-location of a polling site from Southwestern Central High School to the Bethel Baptist Church on Hunt Rd.

9. Falconer Fire Chief’s Report: April 2010.<= /span>

TOWN OFFICERS’ REPORTS

Coun= cilman Lodestro reported that he &= Town of Ellicott Bookkeeper Valerie= Pierce have nearly completed restructuring the payment plan for residents in the Buffalo-Willard Water District.

Mr. = Lodestro also reported that Selective Insurance, the Town of <= st1:place w:st=3D"on">Ellicott’s l= iability insurance provider, failed to include two (2) water pump stations on the Town’s 2010-2011 insurance policy.&n= bsp; He stated that the pump stations will be added to the policy immedia= tely at a minimal cost to the town.

Town Clerk Erlandson reported that the Tow= n of Ellicott would be sponsoring a free rabies vaccination clinic on Thursday, June 24, 2010 from 5:30 – 7:30 PM at the Ellicott Highway Garage.

High= way Superintendent Shellhouse repor= ted that the NYS Dept. of Transportatio= n will be making sidewalk and driveway improvements along Fairmount Ave. (Rte. 394).

Supe= rvisor Miller updated the Town Council= re the status of the proposed Heritage= Group development on Southwester= n Dr.

OLD BUSINESS

RESOLUTION #59-10

Adopt Chautauqua Lake Local Waterfront Revitalization Program=

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to adopt= the Chautauqua L= ake Local Waterfront Revitalization Progr= am.

(Note: The LWRP can be viewed at the Town Clerk’s office. It can = also be obtained online: www.co.chautauqua.ny.us/departments/planning/Pages/default.aspx.)

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

NEW BUSINESS

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Expansion of Industrial Zone on E. Elmwood Ave. near Harmon Ave. – The Town Council discussed a request to expand the Industrial Zone in the Town of Ellicott near Harmon Ave. in conjunction with the proposed expansion of the SKF Industries Inc.= facility located at 1 Maroco Drive<= /st1:address> in Falconer.

MOTI= ON BY Supervisor Miller, seconded by Councilman Heintzelman to schedule a Public Hearing for June 7, 2010 at 7:00 PM regard= ing a request to expand the Industrial Zone in the Town of Ellicott on E. Elmwood Ave. near Harmon Ave.

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

RESOLUTION #60-10

Acknowledgement of CCI= DA as Lead Agency for SKF Project

MOTION BY Supervisor Miller, seconded by Councilman Heintzelman acknowledg= ing the Chautauqua County Industrial Development Agency as Lead Agency in conjunction with the proposed expansion of the SKF Industries Inc. facility located at 1 Maro= co Drive in Falconer.

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

Step 4 of Grievance Procedure (CSEA General Unit and CSEA Police Unit) – Penny Gleason, Labor Relations Specialist, Civil S= ervice Employees Association, presented grievances on behalf of the Town of Ellicott CSEA General Unit 6314= and the Town of Ellicott CSEA Polic= e Unit 6314-01 in accordance with Step 4 of the grievance procedure as outlined in= the respective labor agreements. = (See ‘CSEA Grievances’ f= ile for detail.) The grievance st= ates that “the Town of Ellico= tt violated Article XV (Insurance) in both labor agreements when it failed to provide accurate information to Blue Cross/Blue Shield with regard to the number of health insurance eligible employees”. Therefore, “Blue Cross/Blue Shield h= as limited the number of health insurance plan options available” to CSEA employees. Supervisor Miller stated that the Town’s position is that the grievance is in error since Blue Cross/Blue Shield determined = the number of Town of Ellicott employees eligible for health insurance. Consequently, the Town had no choic= e in the matter.

RESOLUTION #61-10

Purchase of Lawn Tractor

MOTION by Councilman Orlando, seconded by Counci= lman Beckerink authorizing the Town of Ellicott Highway Superintendent to purchase a new John Deere 2520 Compact Tractor at a cost to the Town of Ellicott of $6,99= 0.00.

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

RESOLUTION #62-10

Budget Transfers & Encumbrances

MOTION by Supervisor Miller, seconded by Council= man Heintzelman authorizing Town of Ellicott Supervisor to make budget transfers & encumbra= nces in the following accounts for fiscal year 2009:

To: 16201.1 (Buildings – Personal Services) = $ 12,659.83 = <= /p>

From: 16204= .1 (Buildings – Contractual) = &nb= sp; = = &nb= sp; = $ 12,659.83

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To: 90308.1 (Social Security) &= nbsp; &nbs= p; &= nbsp; $ 1,194.30

From: 90108= .1 (State Retirement) &n= bsp; = ; = = &nb= sp; = $ 1,194.30

To: 90608.1 (Medical Insurance) &= nbsp; &nbs= p; $ 30,984.41

From: 31204= .1 (Police – Contractual) = ; &n= bsp; = = &nb= sp; = $ 25,693.72

From: 90108= .1 (State Retirement) &= nbsp; = = &nb= sp; = &nb= sp; 5,290.69

To: 51304.4 (Machinery - Contractual)<= span style=3D'mso-spacerun:yes'> &= nbsp; &nbs= p; $ 120.72

From: 90308= .4 (Social Security) &n= bsp; = ; = = &nb= sp; $ 120.72

To: 97306.4 (Highway Debt Service) &= nbsp; &nbs= p; $ 45,845.90

From: 90608= .4 (Medical Insurance) = ; = &= nbsp; &nbs= p; &= nbsp; $ 32,538.27

From: 51104= .4 (Highway General – Contractual) = = = &nb= sp; = 7,518.91<= /o:p>

From: 90558= .4 (Disability Insurance) &nb= sp; = = &nb= sp; = &= nbsp; 1,257.50

From: 51101= .4 (Highway General – Personal Services)= = = &nb= sp; 4,531.22 =

Encumber the amount of $36,199.49 into account #31209.1 (Police – DWI).

Encumber the amount of $18,951.51 into account #31204.1 (Police – Contractual).

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

RESOLUTION #63-10

Payment of Claims=

MOTION by Supervisor Miller, seconded by Councilman Lodestro to pay Abstract #10 in the amount of $72,189.19 and charge to the proper funds or accounts.

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

MOTION by Supervisor Miller, seconded by Councilman Orlando to adjourn at 7:37 PM.=

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

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

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