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

October 29, 2007 at 5:15 P.M.

Present: Supervisor Tyler, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson.

Absent: Councilman Geisler.

Supervisor Tyler opened the meeting at 5:20 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.

APPROVAL OF MINUTES

MOTION by Councilman Miller, seconded by Councilman Heintzelman to accept the minutes of the October 1 and Oct. 5, 2007 meetings as presented by the Town Clerk.

Carried. Ayes - 3 Noes - 0 Absent - 1

CORRESPONDENCE

Town Clerk Erlandson read the following items into the record:

1. Letter of resignation from Town of Ellicott Ward 4 Councilman Robert F. Pickett Jr. as a result of his relocation to a new home outside the boundaries of Ward 4.

MOTION by Supervisor Tyler, seconded by Supervisor Councilman Heintzelman to accept the resignation of Town of Ellicott Ward 4 Councilman Robert F. Pickett Jr.

Adopted. Ayes - 3 Noes - 0 Absent - 1

2. Notice from Chautauqua County Health Dept. re the results of a free rabies immunization clinic recently conducted in the Town of Mina.

3. Letter from the Chaut. Co. Deputy Director of Purchasing re reducing utility costs for municipalities.

4. Letter from Chautauqua Squares Dance Club thanking Town officials for allowing them to use the Ellicott Administration Bldg. to conduct their summer dances.

5. Notification re an upcoming free rabies vaccination clinic to be conducted in the Town of Westfield.

6. Falconer Fire Chief’s Report: September 2007.

7. Newsletter: Southern Tier West Regional Planning & Development Board.

8. Newsletter: Chaut. Co. Fire Service.

TOWN OFFICERS’ REPORTS

Supervisor Tyler reported that he attended a meeting re the proposed regionalization of electric service. He explained that a study would be conducted concerning the matter & noted that the Town of Ellicott would be contributing $2,000.00 for the study.

Mr. Tyler also reported that the Chautauqua Lake Management Commission would be conducting a meeting on Tuesday, Oct. 30, 2007 at the Chautauqua Golf Course. He stated that he plans on attending the meeting.

OLD BUSINESS

Abandonment of Property (Lakeside Blvd.) - Tabled until the Nov. 5, 2007 meeting.

RESOLUTION #87-07

Appointment to Planning Board (Santucci)

Motion by Councilman Taylor, seconded by Councilman Heintzelman to appoint Frederick Santucci, 2917 West Oak Hill Rd., to fill an unexpired term on the Town of Ellicott Planning Board, effective immediately; term to expire December 31, 2014.

Adopted. Ayes – 3 Noes - 0 Absent – 1

Fess for Rezoning Requests – (NOTE: a Public Hearing originally scheduled for Oct. 15, 2007 was postponed)

Motion by Supervisor Tyler, seconded by Councilman Miller to re-schedule a Public Hearing for Monday, November 19, 2007 at 7:00 PM regarding a proposal to increase the fee for rezoning requests in the Town of Ellicott to $500.00.

Carried. Ayes – 3 Noes - 0 Absent – 1

Preliminary Budget (2008) - Supervisor Tyler presented the proposed preliminary budget for Town of Ellicott fiscal year 2008. He noted that the preliminary budget includes a property tax decrease of $0.04 per thousand for Town & Village residents.

Motion by Supervisor Tyler, seconded by Councilman Miller to schedule a Public Hearing for November 5, 2007 at 7:00 PM regarding the proposed preliminary budget for Town of Ellicott fiscal year 2008.

Carried. Ayes – 3 Noes - 0 Absent – 1

NEW BUSINESS

RESOLUTION #88-07

Hazard Mitigation Plan

MOTION by Supervisor Tyler, seconded by Councilman Miller to adopt the Chautauqua County Multi-Jurisdictional Hazardous Mitigation Plan as the Town of Ellicott’s Natural Hazardous Mitigation Plan. (see ‘Chautauqua Co. Emergency Services’ file for detail)

Adopted. Ayes – 3 Noes - 0 Absent – 1

RESOLUTION #89-07

BAN (New Trucks)

Motion by Supervisor Tyler, seconded by Councilman Miller authorizing the issuance and sale of a Bond Anticipation Note in the amount of $150,131.72 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)

Adopted. Ayes – 3 Noes - 0 Absent – 1

Rezoning Request (Dunham Ave,)) – Supervisor Tyler reported that the Town Council has received a request from a property owner to rezone a section of the east side of Dunham Ave. The owner is requesting that the property be rezoned from ‘residential’ to either ‘professional office’ or ‘neighborhood business’. Richard Benedetto owns the property. Mr. Tyler recommended that the request be referred to the Ellicott Planning Board for further review.

MOTION by Supervisor Tyler, seconded by Councilman Miller to refer a request to rezone a section of the east side of Dunham Ave. from ‘residential’ to either ‘professional office’ or ‘neighborhood business’ to the Town of Ellicott Planning Board for further review.

Carried. Ayes – 3 Noes - 0 Absent – 1

RESOLUTION #90-07

Payment of Claims

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman to pay 2007 current claims #1062-1138, inclusive, in the amount of $112,040.71 and charge to the proper fund or account.

Adopted. Ayes – 3 Noes - 0 Absent – 1

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 5:30 PM.

Carried. Ayes - 3 Noes - 0 Absent - 1

_________________________________

Michael C. Erlandson, Town Clerk