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

November 2, 2009 at 7:00 P.M.=

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Town Clerk Erlandson, Legislator Barmore.

Absent: Councilman Heintzelman, Highway Superintendent Shellhouse.

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 Beckerink to accept= the minutes of the October 19, 2009 meeting as presented by the Town Clerk.

Carried. = = &nb= sp; Ayes - 4 <= span style=3D'mso-spacerun:yes'> = &nb= sp; Noes - 0 &nb= sp; = Absent - 1

PUBLIC HEARING<= /u> (2010 Preliminary Bud= get)

Supervisor Miller opened a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year 2010. No public comments were heard.

Supervisor Miller closed the Public Hearing at 7= :02 PM.

CORRESPONDENCE

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

1. Notification of liquor license renewal: Fluvanna Fountain = Bowl LLC, 3316 Fluvanna Ave= .

TOWN OFFICERS’ REPORTS

Councilman Lodest= ro reported on the status of upgrades curr= ently being made to the Ellicott Highway Garage on East Mosher St. The upgrades include window repair= and insulation.

Mr. Lodestro<= span style=3D'mso-bidi-font-weight:bold'> also asked about the status of a propo= sed assisted-living facility on Southwestern Dr. between Hunt Rd. & Orchard Rd. The facility is being constructed = by Heritage Ministries. The Town Council discussed the mat= ter.

Councilman Becker= ink reported that Town of Ellicott Assessor Randy Holcomb is cont= inuing to work with the Town Attorney re several assessment matters.

OLD BUSINESS

RESOLUTI= ON #71-09

Adopt= Final Budget (2010)

Motion by Supervisor Miller, seconded by Councilman Lodestro to= adopt the Town of Ellicott = revised Preliminary Budget for fiscal year 2010 as the final budget for fiscal year 2010; the revised budget includes = an additional allocation of $25,000.00 in ‘Contingency’ (Account #= 1990.4).

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

Rescind Resolution #67-09 (3276 Tu= rner Rd.) – Councilman Beckerink recommended that t= he Town Council rescind Town of Ellicott Resolution #67-09 re the acquisition of property located at 3276 Turner Rd. (Minutes 10/05/09) He explained that a search by the Town Attorney indicated that delinquent taxes are due on the property. Mr. = Beckerink pointed out that the Town of E= llicott is not responsible for paying the back taxes.

MOTION by Councilman Beckerink, seconded by Councilman Lodestro to rescind Town of Ellicott Resolution #67-09 of October 5, 2009 regarding the purchas= e of property located at 3276 Turner Rd.; and, further, authorizing the Tow of Ellicott Code Enforcement Office in conjunction with the Ellicott Town Atto= rney and Attorney William Duncanson to proceed with actions to force safety compliance at the property in accordance with Town and State Building Codes; and, further, that costs associated with these processes be paid by the pro= perty owner or recovered as a lien against the property. (See ‘Acquisition of Property’ file for detail)

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

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

NEW BUSINESS<= /u>

No new business.

RESOLUTION #72-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Orl= ando to pay Abstract #18 in the amount= of $148,824.14 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 Orlando to adjourn at 7:23 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