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

August 1= 8, 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.

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 Heintzelman, seconded by Councilman Orlando to accept the min= utes of the August 4, 2008 meeting as presented by the Town Clerk.

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

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 re an upcoming = luncheon celebrating the 30-year anniversary of the Chautauqua Area Regional Transit System (CARTS).

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Invitation to the annu= al Dinner Cruise on the Summer Wind sponsored by the Chautauqua Coun= ty Conference of Mayors & Supervisors.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3. Notice re the annual “Hugo’s Walk for Uncle Lou” to be held in Falconer Park.

<= 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. Falconer Fire Chief= 217;s Report: July 2008.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>6. Newsletter: Southern Tier West Regional Planning &= amp; Development Board.

TOWN OFFICERS’ REPORTS

Counc= ilman Heintzelman reported that the “steering committee” for the new Town of Ellicott Comprehensive Plan would be conducting its initial meeting on Sept. 4, 2008 at 5:00 PM. (Minutes 7/7/08)=

Councilman Orlando reported that he recently met w/ Village of Celoron officials concerning possible “shared service” arrangements.

Town Clerk Erlandson reported that license= s for the 2008-09 hunting season are currently on sale at his office. =

Mr. Erlandson also reported that the information for a new Town of Ellicott Informational Brochure has been compiled and will be delivered to Falconer Printing & Design Inc. (Minutes 7/7/08)

Supe= rvisor Miller stated that he will begi= n preparing the Town of Ellicott budget for fiscal year 2009 next month.&nb= sp; He outlined the budget schedule for the Town Council. Councilman Lodestro recommended th= at the Council schedule budget “work sessions” for the second and four= th Mondays of October 2008.

MOTI= ON by Councilman Lodestro, seconded by Councilman Orlando to schedule budget “work sessions” for Monday, October = 13, 2008 and Monday, October 27, 2008.

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

OLD BUSINESS

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

&nbs= p; N= EW BUSINESS =

Rezoning Request (Fountain Bowl) – The Town Council discusse= d a request from the owners of the Fountain Bowl, 3316 Fluvanna Ave. Ext., to = rezone a section of property located al= ong Fluvanna Ave. & Strunk Rd. from ‘shopping center’ to ‘mercantile’. = (The area is designated in the Ellicott Code Book as Shopping Center Zone II.) <= /i> (Minutes 7/7/08) Attorney Wright informed the Counc= il that the Town of Ellicott Plan= ning Board discussed the matter at its 8/13/08 meeting = and has recommended that the Council proceed with the rezoning. Mr. Wright added that a ‘mercantile’ zoning designation contains certain “excluded uses”. Specifically, he explained that “the keeping of domestic animals” is prohibited = in a ‘mercantile’ zone. He pointed out that the Chautauqua Co. Humane Society is loca= ted within the proposed ‘mercantile’ zone. He explained that should the Hu= mane Society ever wish to expand their facility they would be prohibited from doing so because it would be an “excluded use”. Mr. Wright recommended that besides rezoning the property, the Council also consider amending the Town Code re = “excluded uses” in ‘mercantile’ zones.

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink to schedule a Public Hearing for Monday, September 15, 2008 = at 7:00 PM regarding an introductory Local Law rezoning the area designated as Shopping Center Zone II from ‘shopping center’ = to ‘mercantile’.

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

MOTI= ON by Councilman Heintzel= man, seconded by Supervisor Miller to sc= hedule a Public Hearing for Monday, September 15, 2008 at 7:00 PM regarding= an introductory Local Law amending Section 146-= 34 of the Town of Ellicott Code regardi= ng excluded uses in ‘mercantile’ zones.

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

RESOLUTION #76-08

Review of Financial Re= cords (Court)

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Orlando acknowledging = that the Ellicott Town Council has completed its examination of the 2007 financi= al records for the Town of El= licott Court.

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

RESOLUTION #77-08

Review of Financial Re= cords (Clerk & Supervisor)

&nb= sp;

MOTION by Councilman Beckerink seconded by Councilman Orlando acknowledging that the Ellicott Town Council has completed its examination of the 2007 financial records for the Ellicott Town Clerk and Town Supervisor.

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

RESOLUTION #78-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay = 2008 current claims #803-853, inclusive, in the amount of $51,824.32 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 7:27 PM.

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

      = ;

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

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