Minutes of a Regular Meeting of the

Town Council of the Town of Ellicott

held at the Administration Building,

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

January 5, 2004 at 7:00 P.M.

 

Present: Supervisor Tyler, Councilman Geisler, Councilman Miller, Councilman Pickett, Councilman Taylor, Town Clerk Erlandson, Highway Superintendent Shellhouse, Attorney Lasker, Legislator Spicer, Legislator Trusso.

 

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 Taylor, seconded by Councilman Geisler to accept the minutes of the December 15, 2003 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.      Notification from the New York Dept. of State that Town of Ellicott Local Laws #3-2003 & #4-2003 have been received and filed.

2.      Notice from Southern Tier West Regional Planning Board re an upcoming “powers & duties” seminar for elected officials.

3.      Newsletter: Conewango Creek Watershed Association.

4.      Newsletter: Chautauqua County Fire Service.

 

TOWN OFFICERS’ REPORTS

 

Councilman Geisler commented on the Budget Officer position for the Town of Ellicott.  Mr. Geisler referred to a section of New York State General Municipal Law, which states that “budget officer” is one of the responsibilities of the Town Supervisor.  Therefore, the Town Supervisor should not be paid extra for his duties as budget officer.  He asked Attorney Lasker to look into the matter.

 

Councilman Miller noted that the Town’s liability insurance premium rate would increase 10% in 2004.  He recommended that the Council look into the matter & contact alternative carriers.

 

Town Clerk Erlandson reported that tax collection operations for 2004 property taxes are underway in his department.

 

OLD BUSINESS

 

Assessing Position – The Council discussed the vacant Town of Ellicott Assessor position.  Supervisor Tyler explained the reason for the vacancy.  He reminded the Council that in 2003 the Town of Ellicott entered into a three-year agreement with the Town of Busti stipulating that the Busti Assessor provide assessing services to the Town of Ellicott (Minutes 2/3/03).  However, Mr. Tyler noted that the Town of Busti recently entered into a regional assessing agreement with the City of Jamestown.  As a result, the Town of Busti moved its assessing operations to the city and is no longer providing service to the Town of Ellicott.  Mr. Tyler & Councilman Geisler recently interviewed a candidate for the position.  Mr. Tyler reported that he spoke with the candidate several days ago.  He stated that the candidate asked for a higher salary than the Town was willing to offer.  The Council discussed other options.  Town Clerk Erlandson stated that he is interested in the position.  He noted that he has already taken two of the mandatory seven courses to become a certified assessor.  However, Mr. Erlandson also reported that he needs six months of experience in an assessing capacity.  He stated that an assessor from a neighboring Town has tentatively agreed to provide the necessary training involved.  The Council asked Mr. Erlandson a number of questions re the matter.  Supervisor Tyler & Councilman Geisler expressed several concerns re the possible appointment of Mr. Erlandson as Town Assessor.

 

Motion by Councilman Geisler to hire Brenda Stebbins, Westfield, New York as the Town of Ellicott Assessor at an annual salary of $41,600.00.  The motion received no second.  Mr. Geisler withdrew the motion.

 

Mr. Erlandson was asked to get more details from the assessor from the neighboring Town re the cost and logistics of training.  The Council decided to table the matter until more information is received.  A Special Meeting was scheduled for Friday, January 9, 2004 at 5:00 PM to address the assessing vacancy.

 

Burtis Bay Milfoil Problem – Supervisor Tyler reported that he met with representatives of the Chautauqua Lake Partnership re a proposed application for a herbicide permit to control milfoil in areas of Burtis Bay on Chautauqua Lake.  Mr. Tyler explained that the CLP has requested that the Town of Ellicott be the “lead agency” for the application process.  He stated that the CLP would be attending the Town Council meeting on Jan. 19, 2004 to discuss the permit process.

 

Water Service on Royal Oaks - No Report.

 

Water Service on Orchard Rd. - No Report.

 

RESOLUTION #26-04

Appointments to Planning Board (Belin)

 

Motion by Councilman Miller, seconded by Councilman Pickett appointing Phyllis Belin, Falconer Kimball Stand Road to fill an unexpired term on the Town of Ellicott Planning Board; term to expire December 31, 2005.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

RESOLUTION #27-04

Appointment to ZBA (Keefer)

 

Motion by Supervisor Tyler, seconded by Councilman Taylor appointing Richard R. Keefer to a five-year term on the Town of Ellicott Zoning Board of Appeals; term to expire December 31, 2008.

 

Adopted.                           Ayes – 5                              Noes - 0                                 Absent – 0

 

NEW BUSINESS

 

RESOLUTION #28-04
Authorize “Cafeteria Plan” for Town of Ellicott Employees

 

Motion by Supervisor Tyler, seconded by Councilman Geisler authorizing Town of Ellicott employees to participate in a “cafeteria-style” health insurance plan and; further, that all employee payroll deductions for health insurance not be subject to withholding taxes.

 

Adopted.                            Ayes - 5                               Noes - 0                                Absent - 0

 

RESOLUTION #29-04

Budget Transfers


Motion by Supervisor Tyler, seconded by Councilman Taylor authorizing Town of Ellicott Supervisor to make the following 2003 budget transfers:

 

Transfer the amount of $3,584.23 from Account #DB5110.4 (Equipment - Contractual) to Account #DB5142.4 (Snow Removal – Contractual); transfer the amount of $942.20 from Account #A1330.1 (Tax Collection – Personal Services) to Account #A1410.1 (Town Clerk – Personal Services); transfer the amount of $522.48 from Account #A1620.4 (Buildings - Contractual) to Account #A1620.1 (Buildings – Personal Services); transfer the amount of $0.16 from Account #A1010.4 (Town Board - Contractual) to Account #A1010.1 (Town Board – Personal Services); transfer the amount of $0.12 from Account #A1220.4 (Supervisor - Contractual) to Account #A1220.1 (Supervisor – Personal Services); transfer the amount of $4,577.48 from Account #A1620.4 (Buildings - Contractual) to Account #A1355.1 (Assessing – Personal Services); transfer the amount of $0.06 from Account #A1420.4 (Attorney - Contractual) to Account #A1420.1 (Attorney – Personal Services); transfer the amount of $8.29 from Account #A1620.4 (Buildings - Contractual) to Account #A3510.1 (Dog Control – Personal Services); transfer the amount of $60.00 from Account #A1620.4 (Buildings - Contractual) to Account #A3510.4 (Dog Control - Contractual); transfer the amount of $5,606.11 from Account #A1620.4 (Buildings – Contractual) to Account #A9030.8 (Social Security); transfer the amount of $419.25 from Account #B3620.4 (Safety Inspection - Contractual) to Account #B9030.8 (Social Security).

 

Adopted.                             Ayes - 5                               Noes - 0                               Absent - 0

 

RESOLUTION #30-04

Payment of Claims

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to pay 2003 current claims #1473-1556, inclusive, in the amount of $43,899.02 and charge to the proper fund or account; and, further, to pay 2004 current claims #1-16, inclusive, in the amount of $22,129.71 and charge to the proper fund or account.

 

Adopted.                                 Ayes - 5                               Noes - 0                           Absent - 0

 

Motion by Supervisor Tyler, seconded by Councilman Geisler to adjourn at 7:46 PM.

 

Carried.                                  Ayes - 5                               Noes - 0                           Absent - 0

 

                                                                                    _________________________________

                                                                                            Michael C. Erlandson, Town Clerk