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

September 21, 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attor= ney Wright, Legislator Barmore. A= bsent: 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 Lodestro, seconded by Councilman Heintzelman to acce= pt the minutes of the August 17, 2009 meeting as presented by the Town Clerk.<= o:p>

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

PRIVILEGE OF THE FLOOR=

Legislator Barmore reported on a property redemption program that i= t is currently being considered by the Chautauqua County Legislature. He explained that the program will assist people who are delinquent in their property taxes. Mr. Barmore also reported that the= legislature is considering a local law prohibiting the sale of fertilizers containing phosphates in Chautauqua Co. He explained that the rationale for the proposed law is to reduce the phosphates being released into Chautauqua Lake. Mr. Ba= rmore feels that the proposed legislation is premature. In his opinion, no action should be taken until the Chautauqua Lake Management Commission completes a study re the matter.

CORRESPONDENCE

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

1. Invitation to the Sept= ember 2009 meeting of the Chautauqua Co. Association of Mayors & Superviso= rs.

2. Newsletter: Chautauqua Co. Chamber of Commerce.

3. Falconer Fire Chief= 217;s Report: August 2009.

TOWN OFFICERS’ REPORTS

Councilman Lodestro reported that the Ellicott Facilities Committee = met last week. He updated the Town Co= uncil re the projects that the committee will be working on in the coming months.=

Councilman Heintzelman<= span style=3D'font-size:12.0pt'> reported that the new residential housing devel= opment on Hunt Rd.<= /st1:Street> is underway. He noted that construction on the development is beginning at 6:00 AM each morning & = he has received several complaints re the early start time. He has asked the Ellicott Code Enforcement Officer to contact the developer to determine whether construct= ion could start a little later each day.

Mr. Heintzelman also reported that he and Attorney Wright recen= tly met with the Town of Ellicott<= /st1:City>’s health insurance broker. Blue Cross/Blue Shield is currentl= y the health insurance provider for Town of Ellicott employees. However, Mr. Heint= zelman informed the Town Council that BCBS= recently changed their eligibility requirements. In particular, employees who work = less than 20 hours per week will no longer be eligible to receive health insurance. Mr. Heintzelman explained that BCBS requires a minimum of fifty employees for an organization to qualify as a “large group”. By eliminating = part time employees from the plan, the Town of Ellicott will no longer meet the fifty-person criteria. Consequently, BCBS will most likely be cancelling the existing plan. Mr. Heintzelman stated that the Town’s health insurance broker is looking into alternative health ins= urance plans. The insurance committe= e will be meeting Monday Oct. 5, 2009 to discuss the matter.

Councilman Beckerink reported that he recently met with Town of Ellicott Assessor Randall Holcomb re several assessment matters. Mr. Beckerink added = that the total assessed value for the Town of Ellicott will increase about $12 million in 2010.

Attorney Wright recommended that the Town Council hold off on retaining a health insurance consultant until the Ellicott Insurance Commit= tee meets on Oct. 5, 2009.

Highway Superinte= ndent Shellhouse reported that he recently met with representatives from the Federal Emergency Management Agency (FEMA). He explai= ned that as a result of the damage caused by the recent heavy rainfalls the Tow= n of Ellicott may eligible for funding through the FE= MA Disaster Assistance Program.

Mr. Shellhouse also reported that the new water pump station in= West Ellicott will be turned on tomorrow morning. He explained that the pressure in = the pump will be increased gradually over the next few weeks.=

Supervisor Miller reported that the Town of Ellicott received sales tax reimburseme= nt for the 2^nd quarter of 2009. He noted that the amount is down approximately 2% from the 2^{nd<=
/sup>
quarter of 2008. However, he =
added
that the total sales tax received in 2009 to date is still ahead of last ye=
ar.}

Supervisor Miller read a PROCLAMATION congratulating the Weber Knapp Company for 100 years = in business.

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> – Attorney Wright reported that the Town = of Ellicott Planning Board is continuing its review of = the final draft of the proposed new comprehensive plan for the Town of Ellicott. He noted that a number of revision= s still need to be made to the proposed plan.

Request for Easement (Tanglewood Manor) – Supervisor Miller reported that Tan= glewood Manor officials have requested that the Ellicott Town Council grant the= m an easement to property owned by the Town of Ellicott on Gifford Ave. (Minutes 8-17-09). Attorney W= right suggested that the Council consider selling the property to Tanglewood Manor. According to Highway Superintendent Shellhouse, the Town has no reason to retain the property. Mr. Wright will look into the matt= er further.

NEW BUSINESS<= /u>

RESOLUTI= ON #65-09

Agree= ment w/ Chautauqua Co. re Green Street

Motion <= /span>by Councilman Beckerin= k, seconded by Councilman Lodestro authorizing the Town of Ellico= tt Supervisor to sign an agreement between the Town of Ellicott and Chautauqua County re the installation of erosion control facilities on Green Street. (see ‘Green St. Reconstruction’ file for detail).

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

Rezoning Request (Strunk= Rd) – Supervisor Miller reported that the Town Council received a request from Allen Peterson, 3030 Strunk R= oad, to rezone a section of Strunk Rd. from ‘mercantile’ to ‘residential’. The Council referred the request to the Ellicott Planning Board for further rev= iew.

RESOLUTION #66-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Lod= estro to pay Abstract #16 in the amount= of $95,163.22 and charge to the proper fund or accounts.

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

RESOLUTION #67-09

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 “petitions for review of assessment.” 7:34 PM &#= 8211; 7:58 PM

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

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to adjourn at 7:58 = PM.

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