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

June 15, 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintend= ent Shellhouse, Attorney Wright.

Supervisor Miller opened 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<= /span>

MOTION by Councilman Lodestro, seconded by Councilman Beckerink to accept= the minutes of the June 1, 2009 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR=

Robert Green, 3389 Bonita Dr. read a letter regar= ding damage to his driveway that occurred over three years ago while drainage wo= rk was being conducted by the Town of Ellicott Highway Dept.&nbs= p; Although the driveway was recently repaired, Mr. Green expressed his concern about the length of time it took to conduct the repairs. He asked that, in the future, Town officials obtain permission before conducting excavation activities on his property. (see ‘Town Bo= ard Correspondence’ file for details)

<= /span>C= ORRESPONDENCE

Town Clerk Erlandson read the following items into the record:=

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1. Notice of Public Heari= ng: Village of Celoro= n Zoning Board of Appeals.

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

TOWN OFFICERS’ REPORTS

Councilman Lodestro reported that he received a letter from Mt. Olivet Cemetery officials than= king the Ellicott Town Council for its assistance in purchasing flags for veterans’ gravesites.

Councilman Heintzelman = reported that the steering committee for the new Ellicott Comprehensive Plan would be meeting on June 17, 2009 to review a preliminary draft of the plan.

Councilman Beckerink reported on a drainage problem along a section o= f Horton Rd.&nbs= p; Highway Superintendent Shellhouse is looking into the matter.

Mr. Beckerink also reported that he would be meeting with Tow= n of Ellicott Assessor Randall Holcomb on June 19, 2009.

Councilman Orlando reported on several drainage problems along a se= ction of S. Butts Ave.&nbs= p; Highway Superintendent Shellhouse is looking into the matter.

Town Clerk Erlandson reported that the Tow= n of Ellicott would be sponsoring a free rabies vaccination clinic on Thursday, June 25, 2009 from 6:00 – 8:00 PM at the Ellicott Highway Garage.

Attorney Wright reported that the Town of Ellicott Planning Board is currently reviewing plans for a new residential sub-division in the Town. If approved, the development would= be constructed south of Hunt = Rd. near Idlewood Dr. Mr. Wright discussed several detai= ls of the proposed development. He = noted that the proposed sub-division includes two water detention ponds. He explained that the developer wi= shes to “deed” the two ponds to the Town of Ellicott. He pointed out that there is no precedent in the Town for such an arrangement. He expressed concern regarding the= cost and liability involved in maintaining the ponds. The Council discussed the ramifica= tions of assuming ownership of the ponds. Attorney Wright will continue to review the matter.

Highway Superintendent Shellhouse<= /span> reported that the Ellicott Highway Dept. is in = the process of laying pipe for the new water pump station in West Ellicott.

Supervisor Miller reported that a joint meeting of the Chautauqua County Conference of Mayors= and Chautauqua County Town Supervisors’ Association would be held on June 25, 2009.<= o:p>

NEW BUSINESS

Village of Celoron Retirement Reimbursement (Johnson) – Attorney Wright reported that Village of Celoron officials recently receive= d a letter from the New York State & Local Retirement System re a billing adjustment for unpaid retirement contributions. The adjustment concerns retirement contributions for Allan Johnson – a former employ= ee of the village. According to = state retirement officials, there were no contributions made for Mr. Johnson for a period of five years (i.e. 4/1/70 – 3/31/75.). Mr. Wright explained that the Village of Celoron A= ttorney contends that Mr. Johnson was an employee of the Town of Ellicott during that time period. Therefore, the Town was responsibl= e for paying the retirement contributions. However, Attorney Wright noted that the minutes from Ellicott Town Council meetings during that time period indicate that Mr. Johnson was not a town employee. Instead, Mr. J= ohnson worked for the Celoron-Ellicott Sew= er Commission. According to = the minutes, prior to February 5, 1975 employees who worked for the commission = were ineligible for retirement benefits. On that date, the Town Council adopted a resolution accepting sewer = commission employees as Town of Ellicott<= /st1:place> employees. This enabled those employees to participate in the NYS retirement system. Furthermore, the resolution stipul= ated that all payroll costs associated with commission employees were to be reimbursed by the Celoron-Ellicott = Sewer Commission. The Council discussed the matter. Tabled pending further review.

Motion by Councilman Lodestro, seconded by Councilman Orlando to cancel the Regular Town Council meeting scheduled for July 6, 2009.

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

RESOLUTION #56-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay Abstract #11 <= /span>in the amount of $72,655.32 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 Beckerink to adjourn at 7:27 PM.<= o:p>

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

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

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