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

December 7, 2009 at 7:00 P.M.=

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintend= ent Shellhouse, Attorney Wright, Legislator Barmore.

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 Orlando to accept the minutes of the November 16, 2009 meeting as presented by the Town Clerk= .

Carried. = = &nb= sp; Ayes - 5 = &nb= sp; Noes - 0 = &nb= sp; Absent - 0

CORRESPONDENCE

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

1. Notice of Public Heari= ng: Town of Ellery.

2. Notice of liquor license renewal: Moonbrook Country Club, 2879 N. Main St. Ext., Jamestown, NY.

3. Newsletter: Chautauqua County Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Councilman Lodest= ro reported that the improvements being ma= de to the Ellicott Highway Garage are nearly complete. He reminded the Town Council that = the project will be funded through the New York State Legislative Member Initia= tive Program.

Councilman Becker= ink reported that he is looking into wheth= er the Town of Ellicott has received payments in lieu of taxes from several companies located in the Town.

Supervisor Miller reported that he would be meeting with a representative from Heritage Minist= ries re a proposed development on Southwestern Dr.

Mr. Miller also reported that he & Highway Superintendent Shellhouse met with City of Jamestown officials to discuss storm water drainage problems on the west side of the town.&nbs= p; He stated that city officials are looking into the cost of an engineering study.

Mr. Miller also reported that he met with the City of Jamestown Mayor Teresi re the deteriorating condition of Tiffany Ave. Mr. Miller explained that city & town officials are considering = the possibility of a joint reconstruction project with assistance from the Chaut. Co. Dept. of Public Facilities.

OLD BUSINESS

Town of Ellicott Comprehensive Plan<= /b> – Councilman Heintzelman reported that the Town of Ellicott Pl= anning Board has nearly completed its review of the proposed new comprehensive plan for the Town of Ellicott. He explained that the Planning Boa= rd has made a number of revisions to the plan.&nb= sp; He reminded the Town Council that the plan was drafted by Clark Patterson Lee, Rochester, NY. Mr. Heintzelman stated that he rec= ently contacted the company to inform them of the matter.&= nbsp; He stated that a representative from CLP will meet with the Planning Board on December 14, 2009 to discuss the propo= sed revisions.

NEW BUSINESS<= /u>

=

RESOLUTION #74-09

BAN Renewal (Royal Oaks Water)

MOTION <= /span>by Supervisor Miller, seconded by Councilman Orlando authorizing the issuance and sale of a Bond Anticipation Note in the amo= unt of $14,750.00 for the construction of a water supply= and distribution system for Royal Oaks in the Town of Ellicott. (see ‘BAN’ file for de= tail)

&nb= sp;

Adopted.        =             &nb= sp;            =           Ayes - 5        =             &nb= sp;        Noes - 0        =             &nb= sp;         Absent - 0

&nb= sp;

PROCLAMATION re Foot= ball Championship=

=

Supervisor Miller read a PROCLAMATION congratulating the student-a= thletes and coaches of Southwestern Central= High School for winning the 2009 Class C New York State Public High School Athletic Association Football Championshi= p.

The Regular Town Council meeting scheduled for Dec. 21, 2009 was cancelled.

The Town Council scheduled the 2010 Town of <= st1:place w:st=3D"on">Ellicott Organizational Meeting for Jan= uary 1, 2010 at noon.

Vacancy on Zoning Board of Appeals – Supervisor Miller reported that D= avid Remington, 78 Wicks Ave. is resigning from the Ellicott Zoni= ng Board of Appeals, effective Jan. 1, 2010. Mr. Miller pointed out that when s= omeone resigns from the ZBA, the Town Council usually tries to appoint someone from the same area to fill the vacancy. Since Mr. Remington resides in West Ellicott, Supervisor Miller recommended that someone from <= st1:place w:st=3D"on">West Ellicott fill the vacancy. The Council reviewed a list of candidates who have expressed interest in serving on the ZBA. Town Clerk Erlandson was asked to contact a resident from West Ellicott to determine if he is interested in filling the vacant position. Tabled until the Ja= n. 1, 2010 meeting.

RESOLUTION #75-09

Payment of Claims

MOTION by Supervisor Miller, seconded by Councilman Lod= estro to pay Abstract #21 in the amount= of $67,994.47 and charge to the proper fund or accounts.

Adopted.        =                    =             &nb= sp;   Ayes - 5        =             &nb= sp;         Noes - 0                    =           Absent - 0

RESOLUTION #76-09

Executive Session (Lab= or Negotiations)

MOTION <= /span>by Supervisor Miller, seconded by Councilman Heintzelman to convene Executive Session for = the purpose of discussing labor negotiations.   7:15 – 7:47 PM.

Adopted.        =             &nb= sp;            =           Ayes - 5        =             &nb= sp;         Noes - 0        =             &nb= sp;         Absent - 0

RESOLUTION #77-09

Labor Negotiations (Po= lice Employees)

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to notify the Civil Service Employees Association (CSEA) that t= he Ellicott Town Council wishes to open negotiations with the Town of Ellicott Police Unit 6314-01 regarding a new labor agreement.

Adopted.        =             &nb= sp;            =           Ayes - 5           =             &nb= sp;      Noes - 0      &nb= sp;            =            Absent - 0

(Note: Supervisor Miller & Councilman Lodestro will be in charge of labor negotiations for the Town, w= ith assistance from Attorney Wright.)

=

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 7:50 PM= .

Carried.        =                     =                 Ayes - 5        =                       = Noes - 0      &nb= sp;               =        Absent - 0

  &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;     Michael= C. E= rlandson, Town Clerk