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

August 1, 2005 at 7:00 P.M.

Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer.

Supervisor Tyler opened the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.

APPROVAL OF MINUTES

Motion by Councilman Heintzelman, seconded by Councilman Geisler to accept the minutes of the July 18, 2005 meeting as presented by the Town Clerk.

Carried. Ayes - 5 Noes - 0 Absent - 0

PRIVILEGE OF THE FLOOR

Legislator Spicer commented on a proposed Chautauqua County sales tax abatement plan.

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Letter from the New York State Dept. of Transportation stating that a new traffic signal will be installed at the intersection of Fairmount Ave. (Rte. 394) & Warwick.

2. Newsletter: Community Assistance Program

3. Newsletter: Chautauqua Co. Chamber of Commerce.

TOWN OFFICERS’ REPORTS

No Reports.

OLD BUSINESS

Local Waterfront Revitalization Program – Chautauqua Co. Planning Dept. officials will meet with the Town Council to clarify certain sections of the document. Tabled pending further review.

Library Taxing District – Councilman Geisler stated that an Informational Meeting has been scheduled for Thursday, Aug. 4, 2005 from 7:00 PM – 9:00 PM at Southwestern Central High School to discuss a proposal to create a special library taxing district for the James Prendergast Library located in Jamestown. (Minutes 7/18/05) Mr. Geisler encouraged the public to attend the meeting. Councilman Heintzelman noted that the proposed tax levy would be $0.67 per thousand dollars of assessed value. The Town Council discussed the matter & expressed concerns regarding the proposal.

School Resource Officer – Supervisor Tyler reported that Southwestern Central School is no longer requesting a School Resource Officer. (Minutes 6/20/05) Mr. Tyler added that and SRO for Falconer Central School would be provided by the Chautauqua Co. Sheriff’s Dept. Tabled until further notice.

NEW BUSINESS

RESOLUTION #80-05

Ban Renewal (Water 1B)

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the issuance and sale of a Bond Anticipation Note in the amount of $14,400.00 for the construction of a Water Supply and Distribution System for Water District 1B of the Town of Ellicott. (see 'BAN' file for detail)

Adopted. Ayes - 5 Noes - 0 Absent - 0

Four-year Term for Town Clerk – Supervisor Tyler recommended that a four-year term be established for the Ellicott Town Clerk position. In his opinion, the current two-year term is too short. He reminded the Council that the matter is subject to a public referendum. Mr. Tyler noted that in 2004 the Town of Ellicott voters overwhelmingly approved the establishment of a 4-year term for the Ellicott Highway Superintendent position. The Council discussed the matter. Tabled until the Aug. 15, 2005 meeting.

Drainage Projects (Bentley Ave/Allegheny Ave.) - Highway Superintendent Shellhouse asked the Town Council for funding to complete two (2) drainage projects – one in the Bentley Ave. area in Fluvanna and the other in the Allegheny Ave. area in West Ellicott. He stated that he needs approximately $50,000.00. He recommended that the Council encumber the monies for the project. He added that the Town might be receiving additional monies from the Federal Emergency Management Agency (FEMA). He explained that these monies could be used to offset the cost of the projects. The Council discussed the matter. Supervisor Tyler stated that he would determine the best way to transfer the necessary monies for the projects. Tabled until the Aug. 15, 2005 meeting.

RESOLUTION #81-05

Payment of Claims

Motion by Supervisor Tyler, seconded by Councilman Miller to pay 2005 current claims #834-896, inclusive (excluding claims #851, #852 and #853), in the amount of $28,495.95 and charge to the proper fund or account.

Adopted. Ayes - 5 Noes - 0 Absent – 0

RESOLUTION #82-05

Convene Executive Session (Pending Litigation)

Motion by Supervisor Tyler, seconded by Councilman Geisler to Convene Executive Session to discuss pending litigation (Cunningham). 7:30 PM – 7:47 PM

Adopted. Ayes - 5 Noes - 0 Absent – 0

RESOLUTION #83-05

Retain Legal Counsel

Motion by Supervisor Tyler, seconded by Councilman Miller to retain Hurwitz & Fine, PC, Buffalo, New York for the purpose of representing the Town of Ellicott in pending litigation (Cunningham) at a cost to the Town of $185.00 per hour (partners), $150.00 per hour (associates) and $75.00 per hour (paralegals).

Adopted. Ayes - 5 Noes - 0 Absent - 0

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 7:49 PM.

Carried. Ayes - 5 Noes - 0 Absent - 0

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Michael C. Erlandson, Town Clerk