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

November 5, 2007 at 7:00 P.M.

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Wright.

Supervisor Tyler opened the meeting at 7:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called the roll.

APPROVAL OF MINUTES

MOTION by Councilman Heintzelman, seconded by Councilman Miller to accept the minutes of the October 29, 2007 meeting as presented by the Town Clerk.

Carried. Ayes - 4 Noes - 0 Absent - 0

PUBLIC HEARING (2008 Preliminary Budget)

Supervisor Tyler opened a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year 2007. No public comments were heard.

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman to close the Public Hearing at 7:01 PM.

Carried. Ayes - 4 Noes - 0 Absent - 0

TOWN OFFICERS’ REPORTS

Councilman Geisler reported that the Ellicott Zoning Commission met earlier this evening. He stated that the commission has received three (3) price quotes from companies interested in preparing a comprehensive plan for the Town of Ellicott. He explained that the Zoning Commission would be applying for grant monies to fund the project. However, he pointed out that should the Town receive the funding a ten percent (10%) local share is stipulated. He also noted that the Gebbie Foundation might provide a grant-writer to assist the commission in preparing the grant. Councilman Heintzelman stated that the grant application must be submitted no later than Dec. 14, 2007. The Town Council discussed the matter.

Highway Superintendent Shellhouse reported that the skid for the new pump station in West Ellicott has been ordered.

OLD BUSINESS

Abandonment of Property (Lakeside Blvd.) - Tabled pending further review.

Preliminary Budget (2008) – The Town Council discussed the proposed preliminary budget for Town of Ellicott fiscal year 2008. Councilman Heintzelman suggested that the Council consider revising the budget to include funding for the possible 10% local share that would be required should the Town receive grant funding for a comprehensive plan (see above). The Council discussed the matter. Mr. Tyler reminded the Council that increasing the budget would result in less of a tax decrease than originally proposed. The Council agreed to allocate an additional $5,000.00 to the budget to cover the cost of the 10% local share.

RESOLUTION #91-07

Adopt (Revised) Final Budget (2008)

Motion by Supervisor Tyler, seconded by Councilman Geisler to adopt the Town of Ellicott revised Preliminary Budget for fiscal year 2008 as the final budget for fiscal year 2008; the revised budget includes an additional allocation of $5,000.00 in ‘Economic Development’ (Account #A6889.4).

Adopted. Ayes – 4 Noes - 0 Absent – 0

NEW BUSINESS

Speed Reduction on Old Fluvanna Rd. & Turner Rd. – Highway Superintendent Shellhouse reported that a number of residents have requested that the speed limit on Old Fluvanna Rd. be reduced from 35 mph to 30 mph. He also stated that several residents have requested that stop signs be installed on Old Fluvanna Rd. at the intersection of Bentley Ave. Mr. Shellhouse will request the Chautauqua County Dept. of Public Works to conduct a traffic study of the road. Mr. Shellhouse also recommended that the speed limit on a section of Turner Rd. be reduced to 25 mph.

RESOLUTION #92-07

Request Reduction Speed Limit (Old Fluvanna Rd. & Turner Rd.)

Motion by Supervisor Tyler, seconded by Councilman Miller requesting the New York State Department of Transportation to reduce the speed limit to 30 mph on Old Fluvanna Rd. in the Town of Ellicott and; further, requesting the New York State Dept. of Transportation to reduce the speed limit on a section of Turner Rd. in the Town of Ellicott to 25 mph.

Adopted. Ayes – 4 Noes - 0 Absent – 0

RESOLUTION #93-07

Payment of Claims

MOTION by Supervisor Tyler, seconded by Councilman Miller to pay 2007 current claims #1139-1185, inclusive, in the amount of $26,894.30 and charge to the proper fund or account.

Adopted. Ayes – 4 Noes - 0 Absent – 0

RESOLUTION #94-07

Executive Session (Pending Litigation)

MOTION by Supervisor Tyler, seconded by Councilman Geisler to convene Executive Session for the purpose of discussing possible litigation concerning the abandonment of property on Lakeside Blvd. and also concerning the possible construction of an access road at Southwestern Central School. 7:20 PM – 7:46 PM.

Adopted. Ayes – 4 Noes - 0 Absent – 0

RESOLUTION #95-07

Quit Claim Deed: Abandonment of Property (Lakeside Blvd.)

MOTION by Supervisor Tyler, seconded by Councilman Heintzelman authorizing the Town Attorney to draft a “quit claim deed” for 15 feet of property on Longview Ave. (near Lakeside Blvd.) to Ray Dorman, 100 Lakeside Blvd. (See ‘Abandonment of Property’ file for detail)

Adopted. Ayes – 4 Noes - 0 Absent – 0

RESOLUTION #96-07

Letter to Southwestern Central School

MOTION by Supervisor Tyler, seconded by Councilman Miller authorizing the Town Attorney to draft a letter to the Superintendent of Southwestern Central School expressing the Ellicott Town Council’s opposition to the proposed construction of an access road between the elementary school and the high school. (see ‘Southwestern School – Access Rd.’ file for detail)

Adopted. Ayes – 4 Noes - 0 Absent – 0

MOTION by Councilman Miller, seconded by Councilman Heintzelman to adjourn at 7:46 PM.

Carried. Ayes - 4 Noes - 0 Absent - 0

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Michael C. Erlandson, Town Clerk