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

November 16, 2009 at 7:00 P.M.

Present: Supervisor Miller, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Highway Superintendent Shellhouse, Deputy Town Clerk Pierce, Attorney Wright, Legislator Barmore.

Absent: Councilman Orlando, Town Clerk Erlandson.

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

APPROVAL OF MINUTES<= /span>

MOTION by Councilman Heintzelman, seconded by Councilman Lodestro to acce= pt the minutes of the November 2, 2009 meeting as presented by the Town Clerk.=

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

PRIVILEGE OF THE FLOOR

Legislator Barmore commented on the recent county-wide elections th= at took place on November 3, 2009. He noted that new voting machines were used for this election. Although there were some problems,= Mr. Barmore feels that the new voting system was a success.

CORRESPONDENCE

Deputy= Town Clerk Pierce read the following items into the record:

1. Notice of Public Heari= ng: Village of Celoron Zoning Board of Appeals.

2. Newsletter: Chautauqua Opportunities, Inc.

3. Newsletter: Chautauqua County Chamber of Commerce.

4. Falconer Fire Chief= 217;s Report: October 2009.

=

TOWN OFFICERS’ REPORTS

Councilman Lodest= ro & Highway Superintendent Shellhouse reported on the status of the upgrades being made to the Ellicott Highway Garage on = East Mosher St.

Councilman Becker= ink reported that the Town of Ellicott Code Enforcement Officer is looking onto a code enforcement matter on the Gerry-Levant Rd.

Attorney Wright <= /b>reported that he has prepared the deed = re the sale of Town of Ellicott Tax Parcel Section 386.08, Block 3, Lot 53 = to Tanglewood Manor. (Minutes 10-19-09)= He asked Supervisor Miller to sign several forms pertaining to the sale.

=

Highway Superintendent Shellhouse = reported that the Ellicott Highway Dept. is curr= ently conducting leaf pickup operations throughout the Town of Ellicott.

Supervisor Miller reported that the Town of Ellicott received sales tax reimburseme= nt for the 3^rd   quar= ter of 2009. He noted that the amoun= t is up from the 3^rd quarter of 2008.&n= bsp;

Mr. Miller also reported that he & Highway Superintende= nt Shellhouse will meet with City of <= st1:place w:st=3D"on">Jamestown offi= cials to discuss drainage problems.

Mr. Miller also reported that the Cunningham v. Town of = Ellicott et. al. litigation appears to have been settled.

Mr. Miller also reminded the Town Council that the BlueCross BlueShield HMO 202 Large= Group employee health insurance plan will be cancelled, effective Dec. 1, 2009. (Minutes 9/21/09) He noted that all employees enroll= ed in the current plan will automatically be moved into a new BCBS plan or other plan as agreed upon with the employee CSEA u= nions. The Council discussed the matter.<= span style=3D'mso-spacerun:yes'> Attorney Wright stated that the two CSEA labor unions that represent Town of Ellicott employee= s have been notified re the impending cancellation. He suggested that an informational meeting be conducted for employees to compare the various alternative plans available.

Mr. Miller also reported on a wetlands remediation plan on= the Falconer-Kimball Stand Rd. (Rte. 86) that may involve the Town of Ellicott. Highway Superintendent Shellhouse = & Attorney Wright will represent the Town concerning the matter.

=

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> - Attorney Wright reported that the Town of Ellicott Planning Board will continue its review of = the final draft of the proposed new comprehensive plan for the Town of Ellicott on Nov. 1= 8, 2009.

NEW BUSINESS<= /u>

=

No new business.

RESOLUTION #73-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Lod= estro to pay Abstract #20 in the amount= of $40,185.42 and charge to the proper fund or accounts.

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

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 7:22 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;     Valerie Pierce, Deputy Town Clerk