Minutes of a Special Meeting of the

Town Council of the Town of Ellicott

held at the Administration Building,

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

January 4, 2007 at 12:00 P.M.

 

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

 

Supervisor Tyler opened the meeting at 12:10 PM and led the Town Council in the Pledge of Allegiance.    Town Clerk Erlandson called the roll.  Supervisor Tyler explained that today’s special meeting was convened to discuss the vacant Town Attorney position.  He reminded the Council that former Town Attorney Kenneth Lasker resigned his position, effective Jan. 1, 2007.  Mr. Tyler stated that he recently asked Attorney William Wright if he was interested in filling the position.  He reminded the Council that Mr. Wright, who was in attendance at today’s meeting, is currently the attorney for the Ellicott Planning Board as well as the Ellicott Zoning Board of Appeals.  Mr. Wright stated that he is interested in the position.  The Council discussed the expectations of the position.  Mr. Wright stated that, at the present time, he does not want to prosecute code enforcement violations.  He explained that he is not a ‘criminal procedures’ attorney & that a different attorney would be better suited for such cases.  He also pointed out that the number of code enforcement violations that end up in litigation is quite small.  Therefore, the additional cost to the Town would be minimal.  He suggested that the Town retain Attorney William Duncanson Jr. to prosecute code enforcement violations whenever necessary.  Mr. Wright added that he would continue to provide logistical assistance for such cases if needed.

 

Councilman Miller stated that, in his opinion, one of the most important aspects of the position would be to provide guidance to the Council during contract negotiations with the Towns’ two labor unions.  Mr. Wright stated that he has had such experience & would be comfortable advising the Town during labor negotiations. 

 

Supervisor Tyler pointed out that Mr. Wright currently serves on the Southwestern Central School Board.  He asked Mr. Wright if there would be any conflict of interest in re to defending assessment complaints since the school district encompasses parts of the Town of Ellicott.  Mr. Wright assured the Council that there would be no conflict in such cases.

 

Town Clerk Erlandson was directed to contact Attorney William Duncanson Jr. to determine if he would be interested in handling code enforcement cases for the Town.  Councilman Heintzelman noted that, effective January 1, 2007 the Town will be using a new payroll service.  He explained that the new service would save the Town approximately several thousand dollars per year in payroll costs & suggested that the savings be allocated to offset the costs of retaining Attorney Duncanson.

 

 

 

 

RESOLUTION #01-07
Appoint Town Attorney

 

Motion by Councilman Geisler, seconded by Councilman Miller to appoint William Wright Jr. as Town of Ellicott Attorney for 2007 at a salary to be determined.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #02-07
Retain Attorney

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to retain Attorney William Duncanson Jr., when necessary, to prosecute code enforcement violations for the Town of Ellicott at a rate of pay to be determined.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #03-07
Establish New Hours & Position in Assessing Office

 

Motion by Supervisor Tyler, seconded by Councilman Geisler setting the new hours of the Town of Ellicott Assessing Office as 1:00 PM – 5:00 PM Monday through Friday; and, further, to eliminate the full-time Assessment Clerk position in the Town of Ellicott Assessing Office; and, further, to establish a new part-time position in the Town of Ellicott Assessing Office and setting the hours of the new position as 1:30 – 5:00 PM Monday through Friday at a rate of pay of $8.00 to $10.00 per hour.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #04-07

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2006 current claims #1434-1444, inclusive, in the amount of $$7,679.73 and charge to the proper fund or account; and, further, to pay 2007 current claims #1-2, inclusive, in the amount of $33,827.52 and charge to the proper fund or account.

 

Adopted.                           Ayes - 5                              Noes - 0                                 Absent – 0

 

Motion by Supervisor Tyler, seconded by Councilman Heintzelman to adjourn at 12:40 PM.

 

Carried.                            Ayes - 5                               Noes - 0                                 Absent - 0

 

 

                                                                                    _________________________________

                                                                                    Michael C. Erlandson, Town Clerk