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

March 1,= 2010 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando, Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Cle= rk Erlandson, Highway Superintendent Shellhouse, Attorney Wright, Legislator Barmore, Police Chief Ohnmeiss.

Supervisor Miller open= ed 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

MOTION by Councilman Heintzelman, seconded by Councilman Orlando to accept the min= utes of the February 1, 2010 meeting as presented by the Town Clerk.<= /span>

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

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PUBLIC HEARING (Franchise Agreement w/ Time-Warner)

Supervisor Miller opened a Public Hearing on a pro= posed franchise agreement between th= e Town of Ellicott and Time Warner Cable. No public comments were heard.

Motion by Supervisor Miller, seconded by Councilman Heintzelman to close the Public Hearing at 7:02 = PM.

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

CORRESPONDENCE

&= nbsp; Town Clerk Erlandson read the following items into the record:=

<= span style=3D'font-size:12.0pt'>1. Notice of liquor license application: Big Nicks’ Steak & Crab Hous= e, 3373 Old Fluvanna Rd.

2. Annual Financial Report: Fluvanna Fire District.

3. Newsletter: Chautauqua Co. Chamber of Commerce.

4. Newsletter: Chautauqua Opportunities Inc.

5. Falconer Fire Chief’s Report: January 2010= .

&= nbsp; &nbs= p; &= nbsp;

TOWN OFFICERS’ REPORTS

Counc= ilman Beckerink reported that he, Supervisor Miller and Town Clerk Erlandson recently met with Patricia Yokom, Program Coordinator, Chautauqua Co. Youth Bureau.&n= bsp; Mr. Beckerink explained that the Town of Ellic= ott is eligible for approximately $2,000.00 in grant funding from New York State for summer youth recreation programs. Although the Town does not sponsor a summer recreation program, Mr. Beckerink explained that the town may allocate the funding to another municipality. He & Superv= isor Miller recommended that the Town allocate the funding to the Village of Falconer. Mr. Beckerink pointed out that Fal= coner has a well-established summer youth recreation program. He also stated that the Town might= have to provide some “matching funding” in order to receive the gran= t monies.

RESOLUTION #36-10

Matching Funds for Summer Youth Recreation Progr= am

MOTI= ON by Councilman Beckerink, seconded by Councilman Orlando authorizing an expenditure not to exceed $500.00 for the purpose of providing matching funds - if needed - to qualify for grant funding from New York State for a summer youth recreation program in the Village of Falconer.

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

Counc= ilman Orlando reported that the Ellicott Facilities Committee is looking into= the feasibility of applying for an energy efficiency grant.

Mr. O= rlando also reported that he met with Town Assessor Ra= ndall Holcomb re the status of commercial and industrial assessments. According to Mr. Holcomb, the assessments are up to date.

Supervisor Miller reported that the Town of = Ellicott received its 2009 “maintenance” aid allocation from the NYS Office of Real Property Services.

M= r. Miller also reported that the Town of Ellicott received its sales tax reimbur= sement for the 4^th quarter of 2009. He no= ted that the 2009 sales tax reimbursement for the Town was about 2% higher than 2008.

OLD BUSINESS

Town of Ellicott Comprehen= sive Plan – Su= pervisor Miller reported that the Ellicott Planning Board has completed its review of the proposed Town of Ellicott Comprehensive Plan. Councilman Heintzelman thanked= the Planning Board for its efforts during the review process.=

MOTI= ON by Supervisor Miller, seconded by Councilman Heintzelman to schedule a Public Hearing for March 15, 2010 at 7:00 PM at t= he Town of Ellicott Administration Building to discuss the proposed Town of Ellicott Comprehensive Plan<= /st1:City>.

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

Time Warner Franchise Agreement – The Town Council discussed the renewal of a Franchise Agreement with the Time-Warner Cable. Supervisor Miller noted that the agreement is for fifteen (15) years. Councilman Beckerink expressed concern with the length of the propos= ed agreement. In his opinion, fi= fteen years is too long.

RESOLUTION #37-10

Adopt Franchise Agreement w/ Time Warner Cable

Motion by Councilman Lodestro, seconded by Councilman Heintzelman authoriz= ing Supervisor Miller to sign a franch= ise agreement with Time Warner Cabl= e. (see ‘Cable TV Contract’ file for detail)

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

(Councilman Beckerink Voted No.)

NEW BUSINESS

RESOLUTION #38-10

Hire Part-Time Police Officer (Bentley)

MOTION by Councilman Lodestro, seconded by Councilman Heintzelman to hire = Stephen Bentley, Lakewood, NY, as a part-time Town of Ellicott Police Officer, effective March 2, 2010, at a starting rate of pay of $12.64 per hour and subject to a one-year probation.

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

RESOLUTION #39-10

Renewal of Town Insurance

MOTION by Councilman Heintzelman, seconded by Councilman Orlando to acc= ept a proposal from Selective Insur= ance to provide comprehensive liability insurance to the Town of Ellicott for the year beginning March 2, 2010 = and terminating March 1, 2011 at a cost to the Town of Ellicott of $72,464.00. (see ‘Insurance’ file for detail)

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

Rezon= ing Request (Expansion of Industrial Zone on E. Elmwood Ave.) – The Town Council discussed the possibility of expanding the industrial zone on the south side of Elmwood Ave. near Harmon Ave.

= MOTION by Councilman Heintzelman, seconded by Councilman Beckerink to refer a prop= osal to expand the industrial zone on the south side of Elmwood Ave.= to the Town of Ellicott Planni= ng Board for further review.

=

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

=

Zoning Modification on= Rte. 60 (Near Airport Industrial Park) - Tabled pending adoption of the new Town of Ellicott Comprehensive Plan.=

New Retirement Reporting Regulations for Elected/Appointed Officials – Supervisor Miller reported that a new = state regulation recently went into effect re the process of reporting retirement credit for elected and appointed officials. He explained that the new regulati= on affects only officials who are members of the retirement system and do not = use the Town’s time and attendance system. These officials must keep a record= of their activities for three consecutive months. Mr. Miller stated that the regulat= ion would pertain to the following Town of Ellicott officials: Supervisor Miller, Councilman Orlando, Councilman Heintzelman, Justice Gerace, Justice Jaroszynski & Town Attorney Wright. He asked these officials to record= their activities for the three-month period from March 1, 2010 to May 31, 2010. (See ‘Retirement - Reporting Regulations for Elected/Appointed Officials’ file for detail)

RESOLUTION #40-10

Payment of Claims=

MOTION by Supervisor Miller, seconded by Councilman Orlando to pay Abstracts #4 and #5 in the amoun= t of $141,425.61 and charge to the proper funds or accounts.

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

Motion by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 7:30= PM.

Carried.        =             &nb= sp;          Ayes - 5    <= span style=3D'mso-spacerun:yes'>        =             &nb= sp;         Noes - 0        =             &nb= sp;      Absent - 0

      = ;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;   _________________________________

      = ;                      &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;     Michael C. Erlandson, = Town Clerk

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