Minutes of a Regular and Organizational

Meeting of the Town Council of the Town of Ellicott

held at the Administration Building,

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

January 3, 2005 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Pickett, Councilman Miller, Councilman Heintzelman, Town Clerk Erlandson, Attorney Lasker. 

 

Absent: Highway Superintendent Shellhouse.

 

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

 

APPROVAL OF MINUTES

 

Motion by Councilman Miller, seconded by Councilman Heintzelman to accept the minutes of the December 20, 2004 meeting as presented by the Town Clerk.

 

Carried.                             Ayes - 5                               Noes - 0                                Absent - 0

               

CORRESPONDENCE

 

            Town Clerk Erlandson read the following items into the record:

 

1.      Newsletter: Chautauqua County Fire Service.

 

TOWN OFFICERS’ REPORTS

 

No Reports

 

2005 ORGANIZATIONAL MEETING

 

RESOLUTION #1-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating the Jamestown Post-Journal as the official newspaper of the Town of Ellicott.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #2-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating the first and third Mondays of each month at 7:00 P.M. as the Regular Meeting times of the Ellicott Town Council.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #3-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Patrick A. Tyler as Budget Officer for the Town of Ellicott for 2005 at a salary of $1,650.00.

 

Adopted.                            Ayes - 5                              Noes - 0                                Absent - 0

 

RESOLUTION #4-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler setting the salaries of the Town of Ellicott elected officials for 2005 as follows:

 

                        Supervisor                                           $10,000.00

                        Town Clerk                                        $34,864.00

                        Councilmen            4 @                      $  3,500.00 each

                        Highway Superintendent                    $54,046.00

                        Justice Gerace                                     $10,437.00

                        Justice Ognibene                                  $  7,408.00

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #5-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating M & T Bank as depository for Town Clerk funds for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #6-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating M & T Bank as depository for Receiver of Taxes funds for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #7-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating the following depositories for the Town Supervisor’s funds for 2005:

 

                        General Fund: M & T Bank

                        Highway Fund: M & T Bank

                        Trust & Agency Funds: M & T Bank

                        Capital Funds: M & T Bank

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #8-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler to adopt the Town of Ellicott Investment Policy.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #9-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the Town Supervisor to invest monies in time accounts, open accounts, CDs, and money-market accounts at M & T Bank, HSBC Bank, Key Bank and any new banks.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #10-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler setting the salary for the Town of Ellicott Building Inspector/Code Enforcement Officer at $42,865.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #11-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler setting the salary for the Town of Ellicott Assessor at $41,200.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #12-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler establishing the rate of pay for Town of Ellicott Election Inspectors at $6.50 per hour for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #13-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler establishing the rate of pay for Town of Ellicott Voting Machine Custodians at $50.00 per machine for 2005, including re-canvassing.

               

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0      

RESOLUTION #14-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Larry Belin as Town of Ellicott Dog Control Officer for 2005 at an annual salary of $3,395.00 plus $60.00 per month for mileage.

 

Adopted.                            Ayes - 5                               Noes – 0                               Absent - 0

 

RESOLUTION #15-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing the Town of Ellicott Justices to employ a court stenographer when required at $75.00 per appearance.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #16-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler establishing the current IRS mileage allowance rate to be paid to Town of Ellicott employees using their personal vehicles for approved Town of Ellicott purposes.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #17-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing all Town of Ellicott elected officials, Planning and Zoning Board members, Code Enforcement Officer, Town Attorney and Town Assessor to attend the Association of Towns meeting in February 2005 in New York City if approved by the Town Council, provided monies are available in the budget for that purpose or at their own expense.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #18-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler setting the salary for Town of Ellicott Receiver of Taxes Michael C. Erlandson at $6,075.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #19-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler setting the salary for Town of Ellicott Registrar of Vital Statistics Michael C. Erlandson at $900.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

               

RESOLUTION #20-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing the firm of Wright, Wright and Hampton as Legal Counsel for the Town of Ellicott Planning Board and the Town of Ellicott Zoning Board of Appeals at a cost to the Town of Ellicott of $5,650.00 for 2005.

           

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #21-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Kenneth M. Lasker as Town of Ellicott Attorney at an annual salary of $18,540.00 for 2005.

           

Adopted.                            Ayes - 5                               Noes - 0                               Absent – 0

 

RESOLUTION #22-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Valerie Pierce as Deputy Town Clerk, Deputy Receiver of Taxes and Deputy Registrar of Vital Statistics at a salary of $34,621.00 for 2005.

           

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #23-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Valerie Pierce as Town of Ellicott Bookkeeper (Abstracts/Accounts Payable) at an annual salary of $3,000.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #24-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Michael C. Erlandson as Town of Ellicott Bookkeeper (Payroll) at an annual salary of $2,000.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #25-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Patrick A. Tyler as Town of Ellicott Bookkeeper (Financial) at an annual salary of $5,000.00 for 2005.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #26-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler appointing Councilman Miller as Town of Ellicott Deputy Supervisor for 2005 at no pay.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #27-05 - Motion by Supervisor Tyler, seconded by Councilman Geisler designating the following committee appointments for 2005:

 

Highway and Drainage – Councilmen Miller & Pickett

Police – Councilman Miller & Supervisor Tyler

Buildings - Councilmen Miller & Pickett

Parks – Councilman Geisler

Cemetery - Councilman Miller

Insurance – Councilmen Miller & Geisler

            Special Districts - Councilmen Pickett & Heintzelman   

 Americans With Disabilities Act Coordinator - Councilman Geisler

Code & Safety Inspection – Supervisor Tyler

Information Technology – Councilman Miller

                       

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

OLD BUSINESS

 

Re-location of DEC Offices – Town Clerk Erlandson discussed the proposed re-location of the New York State Dept. of Environmental Conservation offices from the third floor to the first floor of the Ellicott Administration Bldg. (Minutes 3/1/04 et. seq.)  He reported that Highway Superintendent Shellhouse is looking into the feasibility of having Ellicott Highway Dept. personnel perform the necessary alterations to accommodate the proposed move.  (Minutes 12/20/04)  Tabled pending further review.

 

Status of Employee Health Insurance - Councilman Pickett reported that the Town of Ellicott CSEA Police Unit has agreed to a new health insurance plan pending ratification by the Town Council of a new Labor Agreement.  (Minutes 12/20/04)  He added that the remaining Town of Ellicott employees shall receive temporary health insurance pending the finalization of a new Labor Agreement with the CSEA Highway/Office Employees Unit.

 

Agreement with SPCA – Supervisor Tyler reported that Ellicott Town Council received a letter from the Chautauqua Co. Humane Society stating that, effective Jan. 1, 2005, the facility will no longer accept stray dogs from the Town of Ellicott.  Mr. Tyler explained that because the Town has not signed a new Animal Holding Agreement contract, the Humane Society would no longer accept dogs.  He reminded the Council that the Town has not adopted the agreement because it includes dramatic fee increases (Minutes 12/20/04) Mr. Tyler expressed his concerns re the matter.  He directed Town Clerk Erlandson to contact the Executive Director of the Humane Society requesting that he meet with Town officials as soon as possible.

 

RESOLUTION #28-05

Appointment to Zoning Board of Appeals (Hedstrand)

 

Motion by Supervisor Tyler, seconded by Councilman Pickett appointing Kathy Hedstrand, 38 Elmeere, Falconer to fill an un-expired term on the Town of Ellicott Zoning Board of Appeals; term to expire December 31, 2005.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

NEW BUSINESS

 

RESOLUTION #29-05

Re-appointment to Planning Board (Shanahan)

 

Motion by Supervisor Tyler, seconded by Councilman Geisler re-appointing Paul Shanahan, 15 Maple Street, Celoron, New York to a seven-year term on the Town of Ellicott Planning Board, term to expire on December 31, 2011.

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #30-05

Adopt Labor Agreement w/ Ellicott Police Employees

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to ratify a labor agreement between the Town of Ellicott and the CSEA Local 100 AFSCME, AFL-CIO, the certified union for the Town of Ellicott Police Unit of Local 807; effective dates of the agreement are January 1, 2005 through December 31, 2007.  (See ‘Police CSEA Labor Agreement’ file for detail)

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

RESOLUTION #31-05

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2004 current claims #1468-1499, inclusive, in the amount of $9,510.75 and charge to the proper fund or account; and, further, to pay 2005 current claims #1-12, inclusive, in the amount of $10,714.59 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Pickett to adjourn at 7:32 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk