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

October = 6, 2008 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando= , Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandso= n, Highway Superintendent Shellhouse, Legislator Barmore.

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 September 15, 2008 meeting as presented by the Town Clerk.

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

PRIVILEGE OF THE FLOOR

Legi= slator Barmore commented on a proposal= by Chautauqua County Executive Gregory Edwards to rescind the cap on the gasol= ine tax currently being imposed by Chautauqua Co. Mr. Barmore stated that he is in f= avor of the proposal. He feels that rescinding the cap would generate more revenue for the local municipalities throughout Chautauqua Co. The= Town Council discussed the matter.

MOTI= ON by Supervisor Miller, seconded by Councilman Heintzelman authorizing Supervisor Miller to send a letter to the Chautauqua County Executive supporting his proposal to rescind the cap on the gasoline= tax currently being imposed by Chautauqua Co.

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

&nbs= p;

CORRESPONDENCE

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

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1. Notice of application = for liquor license renewal at War Vets Recreation, Inc., 3431 Fluvanna Ave.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Notice re upcoming Loc= al Government Shared Services workshops.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3. Newsletter: Chautauqua County Chamber of Commerce.

TOWN OFFICERS’ REPORTS

Counc= ilman Lodestro reported on the status of the Lyndon Park reconstruction project. (Minu= tes 3/17/08 et. seq.) He reminded the Council that the T= own of Ellicott is supposed to be reimbursed $24,000.00 by the New York State Dept. of Transportation for its share of the project. However, to date, the Town has not received the money. He and To= wn Clerk Erlandson are continuing to look into the matter. He also noted that NYS Assemblyman= Parment is looking into it as well.

Counc= ilman Heintzelman reported that negotiations with Town of Ellicott CSEA employees re a new labor agreement will commence on Oct. 7, 2008.

Mr. H= eintzelman also reported that the Public Kic= koff Meeting re the new Town of Ellicott Comprehensive Plan will be conducted on Oct. 23, 2008 at 7:00 PM. The meeting will be held at Southwestern Central Elementary School.

Councilman Beckerink reported that he and Code Enforcement Officer Woodbury are looking into a zoning matter on N. Main St. Ext.<= /o:p>

Councilman Orlando reported that he has been meeting with the Ellicott Cemetery Committee. He stated that the committee is looking into the possibility of purchasing flags for veterans’ gravesites in all the cemeteries within the Town of Ellicott.

High= way Superintendent Shellhouse repor= ted that work is proceeding on the new water pump station in West Ellicott. He not= ed that the pump station should be operational by the end of the year.

OLD BUSINESS

Partial Tax Exemption = for 1 & 2 Family Residences – Tabled pending further review.

&nbs= p; N= EW BUSINESS =

RESOL= UTION #83-08

BAN= Renewal (Roller)

Motion by Supervisor Miller, seconded by Councilman Heintzelman authorizin= g the issuance of a Bond Anticipation No= te in the amount of $16,950.00 for the purchase of a 2004 Ingersoll-Rand Model DD-90 Roller for the Town of Ellicott Highway Department. (see 'BAN' file for detail)

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

RESOL= UTION #84-08

BAN= Renewal (New Trucks)

Motion by Supervisor Miller, seconded by Councilman Heintzelman authorizi= ng the issuance and sale of a Bond Anticipation Note in the amount of $112,598= .79 for the purchase of a 2006 F-350 Ford Pickup Truck, a 2006 International 7300 Dump Truck and a 2007 Fo= rd F550 Dump Truck. <= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld; mso-bidi-font-style:italic'>(see ‘BAN’ file for detail)

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

Tentative Budget (2009= ) - Supervisor Miller presented the Tentative Budget= for the Town of Ellicott for fiscal year 2009. He note= d that the proposed tax rate for the Town of = Ellicott (i.e. Town outside Village) fo= r 2009 is $3.88 per thousand & the proposed Village tax rate is $3.59 per thousand. Mr. Miller commente= d on the budget & noted that the tax rates are virtually identical to the 20= 08 rates. He also reminded the T= own Council that they would be meeting with department heads over the next seve= ral weeks to discuss specific sections of the proposed budget=

Water Service on Manchester Rd. – Highway Superintendent Shellhouse report= ed that the Jamestown BPU is inter= ested in extending municipal water service to the section of Manchester Rd. located in the Town = of Ellicott. He explained that the BPU wants the Town to share the co= st of installing the water line. Th= e Town Council asked Mr. Shellhouse to obtain more

RESOLUTION #85-08

Payment of Claims=

&nb= sp;

MOTION by Supervisor Miller, seconded by Councilman Beckerink to pay 20= 08 current claims #949-1039, inclusive, in the amount of $72,842.17 and ch= arge to the proper fund or account.

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

MOTI= ON by Supervisor Miller, seconded by Councilman He= intzelman to adjourn at 7:26 PM.

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

= ;

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

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