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

November= 3, 2008 at 7:00 P.M.

Present: Supervisor Miller, Councilman Orlando= , Councilman Beckerink, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandso= n, Highway Superintendent Shellhouse, Attorney Wright, 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 Lodestro to accept the minutes of the October 20, 2008 meeting as presented by the Town Clerk.

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

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PUBLIC HEARING (2009 Preliminary Budget)

Supervisor Miller open= ed a Public Hearing on the Town of Ellicott Preliminary Budget for fiscal year 2009. No public comments were heard.

MOTION by Supervisor Miller, seconded by Councilman Heintzelman to close the Public Hearing at 7:02 PM.<= o:p>

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;mso-bidi-font-size:10.0pt'>1. Newsletter: Chautauqua County Office of Emergency Services.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2. Falconer Fire Chief= 217;s Report: September 2008.

TOWN OFFICERS’ REPORTS

Counc= ilman Lodestro reported that he and Councilman Beckerink recently attended a workshop re the Local Government Efficiency Grant Program.

Counc= ilman Heintzelman reported that the Public Kickoff Meeting re the Town of Ellicott Comprehensive= Plan was recently conducted at Southwestern Central Elementary School.

Counc= ilman Beckerink reported that he attended a meeting re the possibility of implementing county-wide assessing. He noted that a report concerning the matter will be presented to the Chautauqua Co. Executive later this month.

Councilman Orlando reported that he is continuing to work with the Ellicott Cemetery Committee re the possibility of purchasing flags for veterans’ graves= ites in all the cemeteries within the Town of Ellicott.

Mr. Orlando also reported that the Chaut= auqua Watershed Conservancy plans to complete its purchase of property behind= the Fairmount Plaza within the next several = weeks.

Town Clerk Erlandson reported that Falconer Print= ing & Design Inc. has compl= eted the final draft of an Informational Brochure for the Town of Ellicott. He commended the company for its excellent work on the brochure.

Attorney Wright reported that he is still attempting to obtain a copy of the Town of Ellicott’s easement agreement wit= h Real Estate Advantage (Resolution #37-08). He stated that attem= pts to contact the company’s attorney have been unsuccessful.

Supervisor Miller reported that he received a telephone ca= ll from the Southwestern Central Schoo= l Superintendent regarding the status of the gate on= the access road between the Elementary School & the High School. (Minutes 2/4/08 et. seq.) He reminded the Town Council that = the road is not to be used for regular traffic. Town officials have requested that= the gate be open only in certain situations (i.e. snow plowing, emergencies, maintenance). However, he poi= nted out that school officials have not always complied (Minutes 9/15/08). According to Mr. Miller, the superintendent has promised to comply with the Town’s request in the future.

Mr. Miller also reported that Town of Ellicott officials are working with Fiscal Advisers on a municipal bonding matter concerning four (4) water distri= cts within the Town. He stated th= at the bond will close between Dec. 5 and Dec. 10, 2008.

Mr. Miller also reminded the Town Council that an abandoned property located at= 663 Fairmount Ave. has been demolished at no cost to the Town of Ellicott.

<= /i>

OLD BUSINESS

RESOLUTION #88-08

Adopt Final Budget (2009)

=

MOTIO= N by Supervisor Miller, seconded by Councilman Heintzelman to adopt the Town of = Ellicott Preliminary Budget for fiscal year 2009 as the final budget for fiscal year 2009= .

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

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Resolution of Support (Ellery Sno-Cruisers) – Councilman Heintzelman reported that th= e Ellery Sno-Cruisers is seeking gra= nt funding from the Recreation Trails Program to purchase new snow grooming equipment. He noted that the organization mai= ntains approximately 70 miles of snowmobile trails in Chautauqua County. Their trails run through four towns including the Town of Ellicott= . Mr. Heintzelman explained that the organization needs a resolution of support from each town as part of the gr= ant process.

RESOLUTION #89-08

Resolution of Support (Ellery Sno-Cruisers)

=

MOTIO= N by Councilman Heintzelman, seconded by Councilman Beckerink to support a grant application to the Recreation Trails Program by Ellery Sno-Cruisers<= /i>.

=

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

Commence Legal Proceedings (Code Violation) – Councilmen Beckerink & Heintzelman reported that the Town of Ellicott Code Enforcement Officer has requested permission to commence civil proceedings against a property owner who is in violation of the Town Code. T= he property involves a junkyard on Fluvanna Ave. Ext.

RESO= LUTION #90-08=

Au= thorization to Commence Legal Proceedings (Code Violation)

MOTION by Councilman Heintzelman, seconded by Councilman Beckerink authorizing the Town of Ellicott Code Enfor= cement Office to commence civil proceedings against the owner of a property located on Fluvanna Ave. Ext. who is violation of the Town of Ellicott Code.

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

RESOLUTION #91-08

Payment of Claims=

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MOTION by Supervisor Miller, seconded by Councilman Orlando to pay 2008 current claims #1086-1147, inclusive, in the amount of $138,703.85 and charge to the proper fund or account.

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

MOTI= ON by Supervisor Miller, seconded by Councilman He= intzelman to adjourn at 7:22 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