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

August 4= , 2008 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando= , Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandso= n, Highway Superintendent Shellhouse, Attorney Wright, Legislator Barmore.

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 Lodestro, seconded by Councilman Beckerink to accept the minu= tes of the July 21, 2008 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR

Rose= Bowman, 451 Fairmount Ave. asked the Council for assistanc= e in alleviating a drainage problem at her home. She stated that poor drainage has = caused water damage to her garage. H= ighway Superintendent Shellhouse will look into the matter.

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 of application = for liquor license renewal at Moonbrook Country Club, 2789 N. = Main St. Ext.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Notice of application = for liquor license renewal at Henry Mos= her American Legion Post # 638= , 132 W. Main St., Falconer.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3. Notice from the Chautauqua County Dept. of Health re the results of a recent rabies immunization clinic conducted in the Town of North Harm= ony.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4. Notice from the Chaut. Co. Chamber of Commerce re a Federal Congressional Lunch to be held on August 22, 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>5. Notification from the = New York State Dept. of State that Town of Ellicott Local Laws #1-2008 & #2-2008 have been received and filed.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>6. Newsletter: Chaut. Co. Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Counc= ilman Lodestro reported that the Ellicott Facilities Committee &= ; the Ellicott Public Safety Committee w= ould be meeting later this month.

Mr. L= odestro reported on the status of the upgrades to the entrance on the north side of the Elli= cott Administration Bldg. (Minutes 3/17/08 et. seq.) He stated that the upgrades are co= mplete with the exception of new signage which will be installed within the next several weeks.

Mr. L= odestro also reported on the status of the Lyndon Park reconstruction project. (Minu= tes 3/17/08 et. seq.) He stated that he was recently inf= ormed that the NYS Dept. of Transportatio= n will finally be reimbursing the Town of Ellicott approximately $24,000.00 for its share of the project.

Town Clerk Erlandson reported that a free = rabies vaccination clinic was conducted at the Village o= f Celoron Highway Garage on Saturday, August 2, 2008. He stated that approximately 200 a= nimals were vaccinated.

Mr. Erlandson also reported that Town officials are in the process of compiling information for a new Town of Ellicott informational brochure. (Minutes 7/7/08)=

High= way Superintendent Shellhouse repor= ted that work is proceeding on the new water pump station in West Ellicott. <= /o:p>

Mr. Shellhouse also reported that n= ew street signs will be installed in the Ross Mills area n the next several we= eks.

Supe= rvisor Miller explained that each year= the Town Council is required to review the financial records of the Town Supervisor, Town Clerk and Town Court. He stated that the records are available for review anytime. He will also have the financial re= cords available for review at 6:00 PM on Aug. 18, 2008 before the regular Town Co= uncil meeting.

Mr. Miller also reported that he and Town Clerk Erlandson are looking into whether the Town of= Ellicott was reimb= ursed for a feasibility study that was never conducted. The study involved the delivery of municipal electric service.

OLD BUSINESS

Partial Tax Exemption = for 1 & 2 Family Residences – Tabled pending further review.

Electric/Gas Cooperati= ve Purchasing Agreements – Town Clerk Erlandson recommended that the Town of Ellicott join a m= unicipal “co-operative” for purchasing electric & natural gas service. (Minutes 12/3/07 et. seq.) He explained that the “co-op” purchases the services from Erie County at reduced rates & stated that the Town would benefit by paying less for electric & gas service. M= r. Erlandson noted that Attorney Wright has reviewed the proposal and has no objections to the Town enrolling in the co-op.

RESOLUTION #72-08

Electric/Gas Cooperati= ve Purchasing Agreement

Motion by Councilman Heintzelman, seconded by Councilman Lodestro authoriz= ing the Town of Ellicott Supervisor to sign el= ectric and natural gas co-operative purchasing agreements with Erie County. (see ‘Gas/Electric Co-op Agreement’ file for detail)

&nb= sp;

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

&nbs= p; N= EW BUSINESS =

RESOLUTION #73-08

Ban Renewal (Water 1B)

Motion by Supervisor Miller, seconded by Councilman Heintzelman authorizing the issuance and sale of a Bond Anticipation Note in the amount of $11,400.00 for the construction of a Water Supply and Distribution System for Water District 1B in the Town of Ellic= ott. (see 'BAN' file for detail)

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

RESOLUTION #74-08

Grant Application Request (Town of Ellicott Justice Court)

MOTION by Councilman Lodestro, seconded by Councilman Heintzelman authorizing the = Town of Ellicott Supervisor to sign a New York State <= i>Justice Court Assistance Program Grant Application to be used for upgrading the Town of Ellicott Court offices to <= /span>improve security, acqu= ire essential equipment and to maintain a dignified appearance.

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

IDA Pilot Agreement: P= ayment in Lieu of Taxes (Serta Mattress) – Attorney Wright reported that he and Tow= n of Ellicott Assessor Marsha Painter recently = met with officials from the Chautauqua = Co. Industrial Development Agency (IDA) re the agency’s pilot program= with Serta Mattress Co. located in <= st1:place w:st=3D"on">Mason Industria= l Park. Mr. Wright stated that the company= has applied for a new pilot agreement with the IDA. He explained that a pilot agreemen= t is basically a tax-abatement program. In a pilot agreement the IDA= holds the title to a company. The advantage to the company is that it pays no property taxes. Instead, the IDA makes a “payment in lieu of taxes” to each taxi= ng entity. Normally, the payment= is 50% of the property tax amount. Mr. Wright noted that Serta origina= lly had a 10-year pilot agreement with the IDA when it was constructed in 2000. However, due to a technicality, the pilot agreement was inadvertently cancelled in 2006. Attorney W= right stated that Serta is currently in the process of constructing a new 40,000 sq. ft. addition to their existing facility. The IDA wants to allow the new building to receive tax-abatements through the pilot program. In addition, the IDA wants to incr= ease the usual 50% tax abatement to 60%. In other words “payment in lieu of taxes” would be 40%.<= span style=3D'mso-spacerun:yes'> Mr. Wright stressed that the tax abatement would apply only to t= he new building – not the existing facility. He also noted that the IDA wants to “lock in”= the abatement for 10 years at the current assessed value. He pointed out that although the IDA does not need the permission o= f the Ellicott Town Council to grant the tax abatement it would like the Council’s consent. The Council discussed the matter. Attorney Wright feels that “locking in” the tax abatement for 10 years m= ight not be detrimental to the Town since the type of building being constructed will probably decrease in value over that period of time. The Council has no objection to th= e IDA’s plan to apply the pilot program to the new addition.

RESOLUTION #75-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay = 2008 current claims #757-802, inclusive, in the amount of $38,823.60 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 7:25 PM.

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

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

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