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

October 5, 2009 at 7:00 P.M.<= /o:p>

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attor= ney Wright, Legislator Barmore. A= bsent: Councilman Lodestro.

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 Beckerink to acc= ept the minutes of the September 21, 2009 meeting as presented by the Town Cler= k.

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

CORRESPONDENCE

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

1. Invitation to the first Annual Dinner sponsored by the Chautauqua Lake Management Commission.

2. Newsletter: Ellery Sno-Cruisers. =

3. Newsletter: Office of Chautauqua County Emergency Services.

4. Newsletter: Chaut. Co. Chamber of Commerce.<= /span>

TOWN OFFICERS’ REPORTS

Highway Superinte= ndent Shellhouse reported that he m= et recently with representatives from the Federal Emergency Management Agency (FE= MA). He explained that the Town of Ellicott will be receiving approximately $80,000.00 through the FEMA Disaster Assistance Program as a result of the damage caus= ed by the heavy rainfalls this past summer.

Mr. Shellhouse also reported on the status of the new pump stat= ion in West Ellicott. He explained that the pressure gen= erated by the pump will be increased gradually over the next few weeks. He is also recommending that press= ure regulators be installed in the approximately 100 homes whose water pressure will be affected by the new pump station.&= nbsp; He added that the pressure regulators will be purchased by the Town = of Ellicott & wi= ll be distributed at no cost to homeowners.

Mr. Shellhouse also stated that he wants to hire a contractor = to apply spray insulation to certain sections of the Ellicott Highway Garage. He explained that the cost of appl= ying the insulation would be approximately $13,000.00. The Town Council gave Mr. Shellhou= se permission to obtain four (4) quotes for the project.

Supervisor Miller reported that he and Town Clerk Erlandson recen= tly met with several local banking institutions to determine whether to set up = Town of Ellicott bank accounts with them. He explai= ned that the town currently has all its accounts at M&T Bank. Mr. Miller stated that, at the present time, the town will remain with M&T.

OLD BUSINESS

Town of Ellicott Comprehensive Plan= – Tabled pending further review.

Request for Easement (Tanglewood Manor) – Supervisor Miller reminded the Town Council that Tanglewood Manor officials recently requested an easement from = the Town of Ellicott (Minutes 8-17-09). At the las= t Town Council meeting, Attorney Wright suggested that the Council consider selling the property to Tanglewood Manor (Minutes 9-21-09). Mr. Wright explained that New York State General Municipal Law allows towns to negotia= te the private sale of property. Mr. Miller was directed to contact Tanglewood<= /i> officials to negotiate a selling price.

NEW BUSINESS<= /u>

Acquisition of Property (3276 Turner Rd). – Councilman Beckerink recommended that the Town of Ellicott purchase property located at 3276 Turner Rd.&nb= sp; He explained that an abandoned home on the premises has been designa= ted as “dangerous” by the Ellicott Code Enforcement Officer. According to Mr. Beckerink, the ow= ners have agreed to sell the property to the Town for $1.00. He stated that the once the proper= ty has been acquired, the Ellicott Highway Dept. would demolish the abandoned structure. Following the demolition, the Highway Dept. will continue to utilize the vacant property = as a storage facility.

&nb= sp;

RESOLUTI= ON #67-09

Acqui= sition of Property (3276 Turner R= d.)

MOTION <= /span>by Councilman Beckerin= k, seconded by Councilman Heintzelman authorizing the Town of Ell= icott Supervisor to execute payment and receipt of deed transfer to t= he Town of Ellicott of property located at 327= 6 Turner Road. (See ‘Acquisition of Property’ file for detail)

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

RESOLUTION #68-09

BAN Renewal (New Trucks)

MOTION by Supervisor Miller, seconded by Councilman Heintzelman authorizing the issuance and sale of a B= ond Anticipation Note in the amount of $75,065.86 for the purchase of a = 2006 F-350 Ford Pickup Truck, a 2006 International 7300 Dump Truck and a 2007 Ford F550 Dump Truck. (see ‘BAN’ file for detail)

RESOLUTION #69-09

BAN Renewal (Sweeper)

MOTION <= /span>by Supervisor Miller, seconded by Councilman Heintzelman authorizing the issuance of a Bond Anticipation Note in the amo= unt of $163,596.00 for the purchase of a Johnston Model VT650 Sweeper for the Town of Ellicott Highway Department. (see 'BAN' file for detail)

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

Tentative Budget (2010) - Supervisor Miller presented the Tentative Budget= for the Town of Ellicott for fiscal year 2010. He note= d that the proposed tax rate for the Town of = Ellicott (i.e. Town outside Village) fo= r 2010 is $3.82 per thousand & the proposed Village tax rate is $3.51 per thousand. Mr. Miller commente= d on the budget. The Town Council sche= duled meetings with department heads to discuss specific sections of the proposed budget.<= o:p>

RESOLUTION #70-09

Payment of Claims

MOTION by Councilman Beckerink, seconded by Councilman Heintzelman to pay Abstract #17 i= n the amount of $47,435.11 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 Heintzelman to adjourn at 7:18 PM= .

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

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  &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