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

August 17, 2009 at 7:00 P.M.<= /o:p>

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

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 Heintzelman, seconded by Councilman Lodestro to acce= pt the minutes of the August 3, 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=

Randall Holmes, 48 Huxley Street, Jamestown, New York reported that hi= s home sustained water damage during the recent heavy rainfalls. Mr. Holmes feels that the problem = occurred because of inadequate drainage in the Town of Ellicott behind his home. He asked to be reimbursed for the = damage. The Council asked Mr. Holmes a num= ber of questions. Supervisor Miller explained that there is no precedent in the Town of <= st1:place w:st=3D"on">Ellicott for reimbursing property owner= s for storm damage. Highway Superintendent Shellhouse pointed out that some of the water that caused the damage originated in the City of Jamestown. Mr. Miller stated that Town offici= als would be meeting with the Jame= stown Dept. of Public Works to determine whether the drainage system in th= at area needs to be upgraded.

CORRESPONDENCE

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

1. Notice of liquor license renewal: House of Petillo, 382 Hunt Rd., Jamestown, NY.

2. Notice re the upcoming “Hugo’s Walk for Uncle Lou” to be held in Falconer Park.=

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. Invitation to the annu= al Dinner Cruise on the Summer Wind sponsored by the Chautauqua Co. Conference of Mayors & Supervisors.

5. Falconer Fire Chief= 217;s Report: July 2009.

TOWN OFFICERS’ REPORTS

Councilman Lodestro reported that the Ellicott Facilities Committee = would be meeting in the next several weeks.

Councilman Beckerink reported that the Town of Ellicott Assessor is requesting permiss= ion to purchase new computer software for the Assessing Dept. Mr. Beckerink suggested that the m= atter be discussed when the Town Council meets to prepare the 2010 budget.

Mr. Beckerink also reported that he & Attorney Wright are= continuing to look into the feasibility of establishing a “smoke/burning ordinan= ce” in the Town of Ellicott.

Mr. Beckerink also reported on a drainage problem along a sec= tion of Palm Rd.<= /st1:Street>

Town Clerk Erlandson reported that hunting= and fishing licenses for 2009-10 are currently on sale at his office. He noted that the cost of the lice= nses increased significantly this year.

Highway Superinte= ndent Shellhouse reported on an odo= r problem at the sewer pump station near the Chautauqua Co. Airport.= He noted that the James= town Board of Public Utilities maint= ains the pump. Mr. Shellhouse stat= ed that he is working with BPU off= icials to alleviate the problem.

Mr. Shellhouse also reported that due to the damage caused by t= he recent heavy rainfalls the Town of Ellicott is eligible for funding through the Federal Emergency Management Agency Disaster Assistance Program. He has applied for the funding.

Mr. Shellhouse also reported on a drainage problem at a reside= nce on Nottingham Cir. He explained = that the property owners have designed a drainage plan that addresses the problem. Mr. Shellhouse state= d that he will have Town of Ellicott = Engineer Rex Tolman review the proposed drainage plan.=

Supervisor Miller reported that he has been informed by the NYS Office of Real Property Services that the 2009 equalization rate for the Town of Ellicott is 100%.

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> – Councilman Heintzelman reported that th= e Town of Ellicott Planning Board has begun its r= eview of the final draft of the proposed new comprehensive plan for the Town of <= st1:place w:st=3D"on">Ellicott. Mr. Heintzelman noted that a numbe= r of revisions need to be made to the proposed plan.

NEW BUSINESS<= /u>

Agreement to Spend Highway Funds (2009) – The Town Coun= cil members signed an agreement between the Town of Ellic= ott and Chautauqua County authorizing the expenditure of funds in 2009 for the repair and improvement= of highways within the Town of El= licott. (see 'Chautauqua Co. Highway' file for de= tail)

&nb= sp;

Request for Easement (Tanglewood Manor) – Supervisor Miller reported that Tan= glewood Manor has requested that the Ellicott Town Council grant them an easeme= nt on property owned by the Town of Ellicott on Gifford Ave. (S-B-L: 386.08-3-53). Tabled pending = review by the Town Attorney.

&nb= sp;

RESOLUTION #64-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay Abstract #15 i= n the amount of $44,265.63 and charge to the proper fund or accounts.=

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

MOTION by Supervisor Miller, seconded by Councilman Beckerink to adjourn at 7:42 PM.<= o:p>

Carried.        =                          =            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