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

August 3, 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Town Clerk Erlandson, Attorney Wright, Legislator Barmore. Absent: Councilman Heintzelman, Hig= hway Superintendent Shellhouse.

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 July 20, 2009 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR=

Christine Signorino, 97 Metcalf Ave. read a letter concerning a drainage problem adjacent to her property. Mrs. Signorino stated that her hom= e has sustained significant water damage as a result of the drainage problem. She asked the Town Council & t= he Village of Celoron to address the situation.<= span style=3D'mso-spacerun:yes'> The Town Council asked Mrs. Signor= ino a number of questions concerning the matter.

CORRESPONDENCE

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

1. Invitation to an “Open House” sponso= red by the Chautauq= ua Lake Management Commission= .

2. Newsletter: Chautauqua Opportunities Inc.

3. Newsletter: Chautauqua Co. Chamber of Commerce.

4. Newsletter: Southern Tier West Regional Planning & Development Board.<= /p>

TOWN OFFICERS’ REPORTS

Councilman Lodestro reported on the status of drainage problems in s= everal areas of the Town of Ellicott<= /st1:place>.

Councilman Beckerink reported that the Town of Ellicott has received five (5) Notices = of Petition for Review of Assessment. He stated that he will be meeting with Town of Ellicott Assessor Randall Holcomb<= /st1:PersonName> to discuss the matter.

Mr. Beckerink also reported that he & Attorney Wright are looking into whether a “burning ordinance” might be appropriate= for the Town of Ellicott.

Councilman Orlando reported that a group of residents is intereste= d in initiating a fund-raising effort to purchase cameras for Town of Ellicott police cars.=

Supervisor Miller reported that the NYS Dept. of Transportation has denied a request to reduce the speed limit = on a section of Baker St. Ext. in the Towns of Busti & Ellicott. (Minutes 4/20/09)

Mr. Miller also reported that the Ellicott shared-service = committee met last week to discus possible opportunities for sharing services with th= e Village of Celoron. He added that Attorney Wright woul= d be drafting a preliminary agreement with the Vill= age outlining potential topics for discussion.

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> – Supervisor Miller reminded the Town Cou= ncil that Town of Ellicott officials have recei= ved the final draft of the proposed new comprehensive plan for the Town of Ellicott. Attorney Wright reported that the = Town of Ellicott Planning Board met on July 22, 2009 to begin its review of the proposed plan. A second meeting has also been scheduled. Mr. Wright noted t= hat a number of revisions need to be made to the proposed comprehensive plan.

Increase Size of Board of Assessment Review - Attorney Wright reminded the Town Council that Town of Ellicott Assessor Randall Holcomb<= /st1:PersonName> has requested that the Ellicott Town Council increase the size of the Ellic= ott Board of Assessment Review from fi= ve (5) to six (6) people. (Minutes 7/20/09) Mr. Wright explained= that NYS Town Law stipulates that no more than five people can serve on the BAR.

NEW BUSINESS<= /u>

RESOLUTI= ON #61-09

Ban R= enewal (Water 1B)

Motion <= /span>by Supervisor Miller, seconded by Councilman Lodestro authorizing the issuance and sale of a Bond Anticipation Note in the amo= unt of $8,600.00 for the construction= of a Water Supply and Distribution System f= or Water District 1B in the To= wn of Ellicott. (see 'BAN' file for detail)

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

RESOLUTION #62-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Bec= kerink to pay Abstract #14 in the amount= of $21,483.98 and charge to the proper fund or accounts.

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

RESOLUTION #63-09

Executive Session (Pen= ding Litigation)

MOTION by Supervisor Miller, seconded by Councilman Beckerink to convene Executive Session for the purpose of discussing pending litigation involving several assessment matters. 7:23 PM – 7:35 PM

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

MOTION by Supervisor Miller, seconded by Councilman Orlando to adjourn at 7:35 PM.

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