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

July 7, = 2008 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando= , Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandso= n, Legislator Barmore.

Absent: Highway Superintendent Shellhouse.

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 June 16, 2008 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR

Sue = Weaver, 170 Lakeside Blvd., commented on several matters.<= span style=3D'mso-spacerun:yes'> First, she stated that, in her opi= nion, adopting a dog control ordinance for the Town of Ellicott would be a good idea. She also asked the Council to look= into reducing the speed limit on Lakeside Blvd. <= /span>Finally, she suggested that that Town officials look into constructing a walking path along Chauta= uqua Lake in the Burtis= Bay area. Ms. Weaver also thanked= the Council for its efforts in addressing the weed problem in Chautauqua Lake &= presented the Council with a photograph of the Burtis Bay area.

Beck= y Carr, 789 Fairmount Ave. asked the Council for assistanc= e in alleviating a drainage problem at her home.

Denn= is Nord, 173 Hunt Rd. expressed his concern about code violations on his neighbor’s property. He presented pictures of the alleg= ed violations & asked the Council to look into the matter.

Legi= slator Barmore reported that he has lo= oked into obtaining “bed tax” funding for cleanup of a portion of th= e Chadakoin River in Falconer. He stated that $20,000.00 might be available for the cleanup operation. He asked the Town Council to adopt a resolution requesting the funding.

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. Notice re the 13-year = old Babe Ruth World Series Parade which will be held in Jamestown on Aug. = 16, 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Notice from the Chautauqua County Visitors Bureau = re an upcoming golf tournament to be held on Sept. 6, 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3. Notice re the 11^t=
h Annual “Sports for Kids” Golf Tournament to be held on Sept. 19, 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4. Notification from Southern Tier West Regional Planning &= amp; Development Board re several upcoming Wind Energy forums.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>5. Newsletter: Chautauqua Co. Chamber of Commerce= .

TOWN OFFICERS’ REPORTS

Counc= ilman Beckerink reported on the status of the 2008 Town Budget.

Counc= ilman Orlando reported that a free rabies vaccination clinic has tentatively = been scheduled to be conducted in the Village of Celoron= on August 2, 2008.

Super= visor Miller reported that Falconer Printing & Design Inc. = will be producing a Town of Ellicot= t informational brochure to distribute to new residents of the Town. Mr. Miller explained that the broc= hure would be provided at no cost to Town residents. The entire cost will be supported = by local businesses that will be placing advertisements in the brochure.

OLD BUSINESS

Dog Control Ordinance – = The Council discussed several revisions to a proposed Dog Ordinance for the Tow= n of Ellicott. Councilman Lodestro noted that the= revisions pertain to “noise” from barking dogs as well as the seizure of dogs.

RESOLUTION #64-08

= Adopt Local Law #2-2008 (Dog Control Ordinance)

MOTION by Councilman Lodestro, seconded by Councilman Beckerink to adopt a= Dog Ordinance for the Town of Elli= cott. (See ‘Local Law #2-2008̵= 7; for detail)

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

Removal of Unsafe Stru= ctures – Councilman Heintzelman explained that Ellicott Code Enforcement Officer Randy Woodbury has asked the Town Council to commence action against seven (7) property owners in the Town of Ellicott who have= unsafe structures on their premises. The Town Council discussed the matter.

RESOLUTION #65-08

= Removal of Unsafe Structures

MOTION by Councilman Heintzelman, seconded by Supervisor Miller autho= rizing the Town of Ellicott Supervisor to commence action against property owners in th= e Town of Ellicott who have unsafe structures on their premises; and, further, have ignored “= ;Orders to Remedy” conditions regarding those structures. (See ‘Removal of Unsafe Structures’ file for detail)

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

Steering Committee for Comprehensive Plan – Councilman Heintzelman reported that Town of Ellicott Planning Board Chairman Daniel Evans has appointed a “steering committee” to administer a comprehensive plan for the Town of Ellicott. (Minutes 4/21/08 et. seq.)

RESOLUTION #66-08

= Appointment of Steering Committee for Comprehensive Plan

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink appoint= ing the following individuals to serve on a “steering committee” to administer a comprehensive plan for the Town of Ellicott: Councilman Heintzelman, Code Enforcement Officer Woodbury, Town Attorney Wright, Town Clerk Erlandson, Planning Board Chairman Evans, Zoning Board Chairman Steven Hoglin, Gary Swanson, Sheila Webster, Samuel Ognibene (Falconer), Warren Gertsch (Celoron) & Paul Shanahan (alternate). (Minutes 4/21/08 et. seq.)

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

&nbs= p; N= EW BUSINESS =

Reimbursement of Lost Wages for Dog Control Offi= cer – Supervisor Miller reported that Town of= Ellicott Dog Control Officer Larry Belin= was recently asked to testify at a hearing in the <= st1:address w:st=3D"on">Town of Ellicott Court re a dangero= us dog complaint. Since he had to be= in court, Mr. Belin was unable to attend his part-time job. Consequently, Mr. Belin has asked = the Town Council to reimburse him for lost wages. The Council discussed the matter a= nd decided not to reimburse Mr. Belin. However, the Council may address the issue during the preparation of next year’s Town Budget.

RESOLUTION #67-08

= Reduction/Removal of Tobacco Advertising

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to support= a project sponsored by the Chautauqua, Cattar= augus & Allegany Counties Tobacco Free Program to reduce tobacco advertis= ing in retail stores. =

Adopted. = &nb= sp; Ayes - 5 = &nb= sp; Noes - 0 = &nb= sp; Absent - 0<= /span>

Rezoning Request (Fountain Bowl) – Supervisor Miller reported that the Town Council has received a request from the owners of the Foun= tain Bowl, 3316 Fluvanna Ave. Ext., to rezone their property from ‘shopp= ing center’ to ‘mercantile’.= The Council referred the request to the Ellicott Planning Board for further review.

Vacancy on ZBA R= 11; Supervisor Miller reported that Ri= chard Keefer has resigned from the Town of Ellicott Zoning Board of Appeals.<= span style=3D'mso-spacerun:yes'> Mr. Miller pointed out that the Co= uncil normally tries to replace departing ZBA members with residents from the same general area of the Town. He = noted that Mr. Keefer “represented” the Fluvanna area & stated th= at there is a candidate from that area who is interested in serving on the ZBA= .

RESOLUTION #68-08

Appointment to Zoning Board of Appeals (Holton)

MOTION by Supervisor Miller, seconded by Councilman Heintzelman= to appoint Jean Holton, 3389 = Old Fluvanna Rd., to fill an unexpired term on the Ellicott Zoning Board of Appeals, term to expire December 31, 2008.

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

RESOLUTION #69-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Lodestro to pay 2008 current claims #625-681, inclusive, in the amount of $87,356.02 and cha= rge to the proper fund or account.

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

MOTI= ON by Supervisor Miller, seconded by Councilman He= intzelman to adjourn at 7:43 PM.

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

      = ;

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

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