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

Septembe= r 15, 2008 at 7:00 P.M.

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

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 Lodestro to accept the minutes of the August 18, 2008 meeting as presented by the Town Clerk.=

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

PUBLIC HEARING (Local Law #3-2008: Rezoning Fluvanna Ave./Strunk Rd.)

Supervisor Miller open= ed a Public Hearing re Town of Ellicott Introductory Local Law #3-2008 to = rezone Shopping Center District Zone II on the north side of Fluvanna Ave. = and the west side of Strunk Rd. to ‘mercantile’. No public comments were heard. Town Clerk Erlandson read a letter from= Karen Hedin, 3340 Fluvanna Ave.<= /st1:address> Ext. regarding the proposed rezoning. Ms. Hedin is opposed to rezoning the entire Shopping Center District= .

Motion by Supervisor Miller, seconded by Councilman Heintzelman to close the Public Hearing at 7:03 PM.

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

PUBLIC HEARING (Local Law #3-2008: Amend Town Code)

Supervisor Miller open= ed a Public Hearing re an introductory <= /b>Local Law amending Section 146-32 of the = Town of Ellicott Code creating new Section ‘JR= 17;. No public comments were heard.

Motion by Supervisor Miller, seconded by Councilman Heintzelman to close the Public Hearing at 7:04 PM.

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 upcoming Loc= al Government Shared Services workshops.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2.      Falconer Fire Chief= 217;s Report: August 2008.

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

=

TOWN OFFICERS’ REPORTS

=

Counc= ilman Lodestro reported that the Ellicott Public Safety Committee & the Ellicott Facilities Committee met last week. He briefly outlined the topics that were discu= ssed at the meetings.

Mr. L= odestro also reported on a situation involving a new home under construction on Buf= falo St. Ext. He explained that the homeowner has encountered difficulty determining how to connect to the exis= ting municipal water & sewer lines. Mr. Lodestro is looking into the matter. Mr. Lodestro suggested that the To= wn of Ellicott consider establishing a policy for connecting to municipal utility lines.

Mr. = Lodestro also reported that the gate on the access road between the Southwestern<= /st1:PlaceName> Elementary School &= amp; the high school has been open on several occasions in the past week. He reminded the Council that the a= ccess road should be utilized only in certain situations (i.e. snow plowing, emer= gencies, maintenance). The road is not supposed to be used for regular traffic.&n= bsp; (Minutes 2/4/08 et. seq.) The Town Council discussed the matter.

Counc= ilman Heintzelman reported that the “steering committee” for the new Town of Ellicott Comprehensive Plan conducted its initial meeting on Sept. 4, 2008 at 5:00 PM. (Minutes 7/7/08) He noted that the committee has sc= hedule a Public Kickoff Meeting for Oct. 23, 2008 at 7:00 PM. The meeting will be held at Southwestern Central Elementary School.

Mr. Heintzelman also reported on the status of the new water pump station currently under construction in West Ellicott.

Councilman Beckerink reported that he recently met with the Ellicott Assessor re the status of the appraisal services being provided JD Brearley Consultants LLC. = (Minutes Oct. 5, 2007 et. seq.) He stated that the company has com= pleted the appraisal process. Mr. Beckerink also noted that the assessor would be purchasing an Assessor̵= 7;s Web Page application from Brearley<= /i> for a one-time fee of $1,500.00. The web page will be linked to the Town of Ellicott’s internet website.

Supervisor Miller reported that he recently conducted a meeting with department heads.=

OLD BUSINESS

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

RESOLUTION #79-08

Adopt Local Law #3-200= 8: Rezoning of Shopping Center District & Code Change

&nb= sp;

MOTI= ON BY Supervisor Miller, seconded by Councilman Lod= estro to adopt Introductory Local Law #3-2008 rezoning Shopping Ce= nter District Zone II on the north side of Fluvanna Ave. and the west sid= e of Strunk Rd. to ‘mercantile’ and; further, creating new Section 146-32-J of the Town of Ellicott Code. (see ‘Local Law #3-2008̵= 7; for detail)

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

   &nbs= p;            N= EW BUSINESS =



Extension of Municipal= Water Service (Leslie Ave.) – Supervisor Mi= ller reported that a resident on Leslie Ave. has requested municipal water service. The Council authorized Highway Superintendent Shellhouse to look into the costs of extending the water lin= e.

Reimbursement for Water Meter (Jose) – Supervisor Miller reported that Ted Jose, 2278 Swanson Rd., recently connecte= d to the municipal water line that runs along his road. He explained that all homeowners w= ho connect to the municipal water line need to install a water meter. He noted that the meters are insta= lled at no additional cost to the homeowner since they are included in the capit= al costs being charged to the entire water district. However, Mr. Jose was mistakenly b= illed $170.00 for his meter by the Jamestown= Board of Public Utilities. Mr. Jose has asked to be reimburse= d for the charge.

RESOLUTION #80-08

Reimbursement for Water Meter (Jose)

MOTI= ON by Supervisor Miller, seconded by Councilman Lod= estro to reimburse Ted Jose, 2278 Swanson Road in the amount of $170.00 for the purchase of a water meter.

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

RESOLUTION #81-08

Budget Transfers

MOTION by Supervisor Miller, seconded by Council= man Lodestro authorizing Town of E= llicott Supervisor to make budget transfers:

To:         A1355.400 (Assessor – Contractual)     &= nbsp;           &nbs= p;        $19,000.00

From:   A1355.100 (Assessor – Personal Services)        =                  =             &nb= sp; &nb= sp;          $19,000.00

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

RESOLUTION #82-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to pay = 2008 current claims #854-958, inclusive, in the amount of $88,463.26 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 7:36 PM.

Carried.        =         =                 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