Minutes of a Regular and Organizatio= nal

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, 2009 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, Legislator Nazzaro, Attorney Wright.

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

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

PRIVILEGE OF THE FLOOR

Legi= slator Nazzaro updated the Town Counci= l re the status of Chautauqua Co. L= ocal Law 8-08 which was recently enacted by the county legislature. (Minutes 7/21/08) Pursuant to NYS Real Property Tax = Law Section 421-f, the law provides a partial exemption from county property ta= xes for certain capital improvements to one and two family owner-occupied residential dwellings. Mr. Na= zzaro explained that the Chautauqua Co. Legislature intends to amend the law redu= cing the minimum value of the improvement from $5,000.00 to $3,000.00. He asked the Town Council to consi= der adopting a similar law which would apply to town taxes. The Council asked Legislator Nazza= ro a number of questions re the matter.

CORRESPONDENCE

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

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1. Notice re Designation = of Restricted Highways: Water= St. (between Rte. 394 & Elmwood Ave.) & Ross Mills Rd. (between Rte. 380 &a= mp; Gerry-Levant Rd.)

2. Information from the Chaut. Co. Dept. of Health concerning free rabies immunization clinics conducted throughout Chautauqua Co. in 2008.

TOWN OFFICERS’ REPORTS

Town = Clerk Erlandson reported that the Public Informa= tional Meeting scheduled for Jan. 8, 2009 re the Town of Ellicott Comprehensive Plan has been cancelled.

2009 ORGANIZATIONAL MEETING

RESOLUTION #1-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating the Jamestown Post-Journal as the official newspaper of the Town of Ellicott.

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

RESOLUTION #2-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating the first and= third Mondays of each month at 7:00 = P.M. as the Regular Meeting times o= f the Ellicott Town Council.

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

RESOLUTION #3-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Cecil M. Miller III as Budget Officer for the Town of El= licott for 2009 at a salary of $1,650.00.

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

RESOLUTION #4-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro setting the salaries of the Town of Ellicott elected officials for 2009 as follows:

&nb= sp;

&= nbsp; &nbs= p; &= nbsp; Supervisor &= nbsp; &nbs= p; &= nbsp; $10,000.= 00

&nbs= p; &= nbsp; &nbs= p; Town Clerk &n= bsp; = ; &n= bsp; $38,860.0= 0

&= nbsp; &nbs= p; &= nbsp; Councilmen = 4 @ = $ 3,500.00 each

&nbs= p; &= nbsp; &nbs= p; Highway Superintendent = $54,046.00

&nbs= p; &= nbsp; &nbs= p; Justice Gerace &= nbsp; &nbs= p; &= nbsp; $12,326.00

&nbs= p; &= nbsp; &nbs= p; Justice Ognibene = ; &n= bsp; = ; $ 8,750.00

&nb= sp;

Adopted.<= span style=3D'mso-spacerun:yes'> = &nb= sp; Ayes - 5 = = Noes - 0 = = &nb= sp; Absent - 0

RESOLUTION #5-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating M & T Bank as depository f= or Town Clerk funds for 2009.

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

RESOLUTION #6-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating M & T Bank as depository f= or Receiver of Taxes funds for 2009.<= o:p>

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

RESOLUTION #7-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating the following depositories for the Town Supervisor’s funds for 2009:

= G= eneral Fund: M & T Bank

= H= ighway Fund: M & T Bank=

= T= rust & Agency Funds: M & T Bank

= C= apital Funds: M & T Bank=

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

RESOLUTION #8-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro to adopt the Town of = Ellicott Investment Policy.<= /span>

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

RESOLUTION #9-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro 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, Community Bank and = any other new banks.

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

RESOLUTION #10-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro setting the salary for the Town of Ellicott Building Inspector/Code Enforcement Officer at $50,005.00 for 2= 009.

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

RESOLUTION #11-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro setting the salary for the Town of Ellicott Assessor= at $44,583.00 for 2009.

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

RESOLUTION #12-09 - Motion by Supervisor Miller, seconded by Councilman Lod= estro appointing Larry Belin as Town= of Ellicott Dog Control Officer f= or 2009 at an annual salary of $4,000.00 plus $75.00 per month for mileage.

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

RESOLUTION #13-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro authorizing the Town of Ellicott Justices to employ a court stenographer when required at $75.00 per appearance.

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

RESOLUTION #14-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro 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. = &nb= sp; Ayes - 5 = &nb= sp; Noes - 0 = = Absent - 0

RESOLUTION #15-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro authorizing all Town of Ellicott elected officials, Planning and Zoning Board members, Code Enforcement Officer, Town Attorney and Town Asse= ssor to attend the New York State A= ssociation of Towns meeting in February 2009 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. = &nb= sp; Ayes - 5 = = Noes - 0 = = &nb= sp; Absent - 0

= ; <= /span>

RESOLUTION #16-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Councilman Lodestro as delegate and Councilman Beckerin= k as alternate to the NYS Association of Towns business meeting to be hel= d in February 2009.

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

RESOLUTION #17-09 - Motion by Supervisor Miller, seconded by Councilman Lod= estro setting the salary for Town of Ellicott Receiver of Taxes Michael C. Erlandson at $6,300.00 for 2009.

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

RESOLUTION #18-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro setting the salary for Town of Ellicott Registrar of Vital Statistics Michael C. Erlandson at $1,000.00 for 2009.

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

= ; <= /span>

RESOLUTION #19-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing the firm of Wright, Wright and Hampton as = Legal Counsel for the Town of Ellicott Planning Board and the Town of Ellicott Zon= ing Board of Appeals at a cost to the Town of Ellicott of $5,650.00 for 2009.

= ;

Adopted.= = &nb= sp; Ayes - 5 = &nb= sp; Noes - 0 &nb= sp; = Absent - 0<= /b>

RESOLUTION #20-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing William Wright Jr. as Town of Ellicott Attorney at an annual salary of $15,450.00 for 2009.

      = ;

Adopted.=             =             &nb= sp;   Ayes - 5        =             &nb= sp;          Noes - 0                 =               Absent - 0<= /b>

RESOLUTION #21-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Valerie Pierce= as Deputy Town Clerk, Deputy Receiver of Taxes and Deputy Registrar of Vital Statistics at a salary of $39,= 346.00 for 2009.

      = ;

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

RESOLUTION #22-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Valerie Pierce= as Town of Ellicott Bookkeeper (Abstracts/Accounts Payable Officer) at an annual salary of $5,000.00 for 2009.

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

=

RESOLUTION #23-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Michael C. Erl= andson as Town of Ellicott Bookkeeper (Payroll Officer) at an annual salary of $2,000.00 for 2009.

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

=

RESOLUTION #24-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Cecil M. Miller III as Town of Ellicott Bookkeeper (Finance Officer) at an annual salary of $5,000.00 for 2009.

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

RESOLUTION #25-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Councilman Heintzelman as Town of Ell= icott Deputy Supervisor for 2009 at no pay.

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

=

RESOLUTION #26-09 – Motion by Supervisor Miller= , seconded by Councilman Lodestro authorizing the Town of Ellico= tt to participate in a Shared Services Highway Agreement with other municipali= ties in Chautauqua County.

=

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

=

RESOLUTION #27-09 – Motion by Supervisor Miller, seconded by Councilman Lodestro appointing Karen Livsey, 3409 Gerry-Levant Rd. as Town of Ellicott Historian for 2009 at no pay.

=

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

=

RESOLUTION #28-09 - Motion by Supervisor Miller, seconded by Councilman Lodestro designating the following committee appointments for 2009:

Economic Development &= #8211; Councilman Heintzelman

Finance – Counci= lman Beckerink

Public Safety – Councilman Lodestro

Human Resources – Councilman Heintzelman

Town Facilities – Councilman Lodestro

Public Facilities R= 11; Councilman Orlando

Administrative – Supervisor Miller

      = ;            &n= bsp;

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

=

OLD BUSINESS

No Old Business

=

NEW BUSINESS

=

No New Business

=

RESOLUTION #29-09

Payment of Claims=

&nb= sp;

Motion by Supervisor Miller, seconded by Councilman Beckerink to pay Abstract #23 (2008) in the amount of $34,613.08 and Abstract #1 (2009) in the amount of $276,577.87 and charge to the proper funds or accounts.

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

Motion by Supervisor Miller, seconded by Councilman Heintzelman to adjourn at 7:18= PM.

Carried.        =                    =        Ayes - 5        =                        Noes - 0                     =       Absent - 0

      = ;

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

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

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