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

July 20, 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright. Absent: Councilman Heintzelman.

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 15, 2009 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR=

Karen Johnson, 95 Longview Ave. presented a petition signed by residents from her neighborhood requesting t= hat the speed limit on Longvie= w Ave. be reduced from 30 mph to 20 mph. Highway Superintendent Shellhouse explained that municipalities in <= st1:PlaceName w:st=3D"on">New York State can not reduce speed limits without the approval of the New York State Dept. of Transportation. In addition, he stated that the DOT will not approve speed limits under= 30 mph.

CORRESPONDENCE

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

<= span style=3D'font-size:12.0pt'>1. Notice of liquor license renewal: LaScala’s 3155 Fluvanna Ave., Jamestown, <= st1:State w:st=3D"on">NY.

<= span style=3D'font-size:12.0pt'>2. Notice of liquor license renewal: American Legion Herman Kent Post, 26 Jackson Ave. Jamestown, NY.

3. Notice from Women&#= 8217;s Services of Chautauqua County re their annual “walk for life̶= 1; to be held on Sept. 20, 2009 in Falconer.

4. Letter from the NYS Office of Community Renewal re the successful completion of the Town of Ellicott’s Community Development Block Grant Community Planning Project.

<= span style=3D'font-size:12.0pt'>5. Falconer Fire Chief’s Report: June 2009.

<= span style=3D'font-size:12.0pt'>6. Newsletter: Chautauqua Co. Emergency Services.

7.= Newsletter Chautauqua Co. Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Councilman Beckerink reported that he would be meeting with Town of <= st1:place w:st=3D"on">Ellicott Assessor Randall Holcomb re several assessment matters.

Mr. Beckerink also reported that Assessor Holcomb has request= ed that the Ellicott Town Council increase the size of the Ellicott Board of Assessment Review from fi= ve (5) to six (6) people. According = to Mr. Holcomb, this would allow the BAR to conduct two concurrent sessions on “Grievance Day” with each session being presided over by three BAR members. The Council asked At= torney Wright to look into the matter.

Town Clerk Erlandson reported that a free = rabies vaccination clinic was conducted at the Ellicott Highway Garage on Thursday June 25, 2009. He es= timated that nearly 400 animals were vaccinated.

Highway Superintendent Shellhouse = reported that work is underway on a drainage dit= ch behind a property located at 381 Hunt Road in West Ellic= ott. The ditch is intended to divert wa= ter away from the property during severe rainstorms.

Supervisor Miller reported that he received a letter from the Mayo= r of the Village of Celoron requesting a meeting with Town of Ellicott officials to discuss “shared service” possibilities. Mr. Miller, Councilman Orlando &am= p; Town Clerk Erlandson will meet with Village officials to further explore the matter.

OLD BUSINESS

Water Pump Station on School Ave= . – Highway Superintend= ent Shellhouse reported that the new water pump station being constructed near School Ave.= should be operational soon. He expla= ined that two pressure valves still need to be installed. He also stated that once the pump = becomes operational a few homes may need to purchase pressure regulators. He will keep the Council informed = re the matter.

Town of Ellicott Comprehensive Plan<= /b> – Supervisor Miller reported that Town of= Ellicott official= s have received the final draft of the proposed new comprehensive plan. Attorney Wright stated that he has reviewed the plan & is not completely satisfied with the final draft. In his opinion, certain revisions = need to be made. He also noted tha= t the Town of Ellicott Planning Boar= d will convene to review the plan on July 22, 2009. Tabled pending further review.

NEW BUSINESS<= /u>

Extension of Water Line on Gifford A= ve. – Supervisor Miller n= oted that the existing municipal water lines on Gifford Ave. are currently not looped. According to Highway Superintendent Shellhouse, looping the two lines would improve the overall efficiency of water service to the area.&n= bsp; Mr. Miller explained that looping the two lines would require the installation of an additional 537 feet of pipe. He added that the cost of the addi= tional line would be approximately $16,000.00.&nb= sp; However, he stated that the owner of Tanglewood Manor has agreed to pay $7,400.00 of the total cost since a portion of = the new line would benefit his facility. Therefore, the Town’s share of the total cost would be $8,600.00. Mr. Miller pointed= out that the funding would be appropriated from Water District 1. The Town Council discussed the mat= ter.

RESOLUTION #57-09

Extension of Water Line on Gifford Ave.

MOTION by Councilman Beckerink, seconded by Councilman Orlando to extend the municipal water l= ine on Gifford Ave. by 537 feet at cost to the Town of Ellicott not to exceed $8,600.00. (see ‘Current Water Lines - Gifford Ave. Water Line’ for detail)

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

RESOLUTION #58-09

Accept Bids (Dump Truck Body)

MOTION <= /span>by Councilman Lodestro, seconded by Councilman Orlando to accept a bid from Boyle’s M= otor Sales, Jamestown, New York in the amount of $71,985.00 for a Heil 10’ Sidewinder Dump Tr= uck Body.

&nb= sp;

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

RESOLUTION #59-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Lod= estro to pay Abstract #12 in the amount= of $25,586.60 and charge to the proper fund ors or accounts; and, further to p= ay Abstract #13 in the amount of $61,678.66 and charge to the proper fu= nds or accounts.

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

RESOLUTION #60-09

Executive Session (Lab= or Negotiations)

MOTION by Supervisor Miller, seconded by Councilman Beckerink to convene Executive Session for the purpose of discussing pending labor negotiations with Town of Elli= cott CSEA employees.&n= bsp; 7:34 PM – 7:44 PM.

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

MOTION by Supervisor Miller, seconded by Councilman Beckerink to adjourn at 7:44 PM.<= o:p>

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

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

  &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