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 = 1, 2010 at 12:00 P.M.

Present: Supervisor Miller, Councilman Beckeri= nk, Councilman Lodestro, Councilman Heintzelman, Town Clerk Erlandson, Highway Superintendent Shellhouse.

Absent: Councilman Orlando.

Supervisor Miller open= ed the meeting at 12:00 PM and led the Town Council in the Pledge of Allegiance. Town Clerk Erlandson called t= he roll.

APPROVAL OF MINUTES

MOTION by Councilman Lodestro, seconded by Councilman Heintzelman to accept the minutes of the December 7, 2009 meeting as presented by the Town Clerk.

Carried. = = &nb= sp;Ayes - 4 = = Noes - 0 <= span style=3D'mso-spacerun:yes'> = &nb= sp; Absent – 1

CORRESPONDENCE

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

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

1. Newsletter: Southern Tier West Regional Planning &= amp; Development Board.

2. Newsletter: Ellery Sno-Cruisers.

3. Falconer Fire Chief= 217;s Report: November 2009.

TOWN OFFICERS’ REPORTS

Councilman Lodestro thanked Highway Superintendent Shellhouse & Town Clerk Erlandson= for their work in securing Legislative Initiative funding to upgrade the Town o= f Ellicott Highway Garage.

Mr. Lodestro also reported that the NYSDE= C offices on the first floor of the Town of Ellicott Administration Bldg. recently sustained water dama= ge as the result of a broken pipe. The incident occurred on December 14, 2009.&nb= sp; Mr. Lodestro updated the Town Council re the status of the situation & noted that the restoration work has been completed. He added that most of the restorat= ion costs were covered under the Town’s insurance policy.

Councilman Beckerink asked about the status of the 2010 Assessing Agreement with the Town of Busti. Town Clerk Erlandson will look int= o the matter.

Town Clerk Erlandson reported that his office will be utilizing new tax collection softwa= re beginning in January 2010. He explained that the new software will be provided by = Chautauqua County at a considerably lower cost than the system currently in use. He estimates that the Town will sa= ve at least $1,500.00 in 2010. Mr. Erlandson outlined the benefits of the new software.

Supervisor Miller thanked Legislator Wal= ly Huckno for his ten years of dedicated service to Chautauqua County & the Town of Ellicott. He reminded the Town Council that = Mr. Huckno retired, effective January 1, 2010.

Mr. Miller reported that he is waiting for the Civil Service Employees Association (CSEA) to co= ntact him re negotiations for a new labor agreement with the Town of Ellicott Police Unit. (Resolution #77-09) He added that several employee grievances have been put on hold pending the outcome of the negotiations.

2010 ORGANIZATIONAL MEETING=

RESOLUTION #1-10 - 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 - 4 = &nb= sp; Noes - 0 &nb= sp; = &nb= sp; Absent - 1

RESOLUTION #2-10 - 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 - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #3-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing Cecil M. Miller III as Budget Officer for the Town of El= licott for 2010 at a salary of $1,650.00.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #4-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro setting the salaries of the Town of Ellicott elected officials for 2010 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; $40,025.0= 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; $12,696.00

&nbs= p; &= nbsp; &nbs= p; Justice Jaroszynski &n= bsp; = ; &n= bsp; $ 9,013.00

&nb= sp;

Adopted.<= span style=3D'mso-spacerun:yes'> = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #5-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro designating M & T Bank as depository f= or Town Clerk funds for 2010.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #6-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro designating M & T Bank as depository f= or Receiver of Taxes funds for 2010.<= o:p>

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #7-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro designating the following depositories for the Town Supervisor’s funds for 2010:

= 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 - 4 = &nb= sp; Noes - 0 = = Absent - 1

RESOLUTION #8-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro to adopt the Town of = Ellicott Investment Policy.<= /span>

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = Absent - 1

RESOLUTION #9-10 - 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 - 4 = &nb= sp; Noes - 0 = &nb= sp; = Absent - 1

RESOLUTION #10-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro setting the salary for the Town of Ellicott Building Inspector/Code Enforcement Officer at $51,505.00 for 2= 010.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #11-10 - MOTION by Supervisor Miller, seconded by Councilman Lod= estro appointing Larry Belin as Town= of Ellicott Dog Control Officer f= or 2010 at an annual salary of $4,120.00 plus $85.00 per month for mileage.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes – 0 = &nb= sp; Absent - 1

RESOLUTION #12-10 - MOTION by Supervisor Miller, seconded by Councilman Lod= estro authorizing the Town of Ellico= tt Justices to employ a court stenographer when required at $75.00 per appearance.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = &nb= sp; Absent - 1

RESOLUTION #13-10 - 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. = = Ayes - 4 = &nb= sp; Noes - 0 = = Absent - 1

RESOLUTION #14-10 - 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 2010 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 - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

= ; <= /span>

RESOLUTION #15-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing Councilman Orlando as delegate and Councilman Beckerink= as alternate to the NYS Association of Towns business meeting to be hel= d in February 2010.

Adopted. = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #16-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro setting the salary for Town of Ellicott Receiver of Taxes Michael C. Erlandson at $6,500.00 for 2010.

Adopted. = = Ayes - 4 = = Noes - 0 = = &nb= sp; Absent - 1

RESOLUTION #17-10 - 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 2010.

Adopted.= = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = = &nb= sp; Absent - 1

= ; <= /span>

RESOLUTION #18-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing the firm of Wright, Wright and Hampton as = Legal Counsel for the Town of Ell= icott Planning Board and the Town of Ellicott Zoning Board of Appeals at a cost to the Town of Ellicott of $5,650.00 for 2010.

= ;

Adopted.= = &nb= sp; Ayes - 4 = &nb= sp; Noes - 0 = Absent - 1<= /b>

RESOLUTION #19-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing William Wright Jr. as Town of Ellicott Attorney at an annual salary of $18,000.00 for 2010.

      = ;

Adopted.=             =            =      Ayes - 4        =             &nb= sp;          Noes - 0                 =               Absent - 1<= /b>

RESOLUTION #20-10 - 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 $40,= 526.00 for 2010.

      = ;

Adopted.=             =             &nb= sp;   Ayes - 4        =             &nb= sp;          Noes - 0        =         =             &nb= sp; Absent - 1

RESOLUTION #21-10 - 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 2= 010.

Adopted.=         =             &nb= sp;       Ayes - 4        =             &nb= sp;          Noes - 0         =             &nb= sp;         Absent - 1

=

RESOLUTION #22-10 - 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 2010.

Adopted.=             =             &nb= sp;   Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 1

=

RESOLUTION #23-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing Larry Trask as Town of Ellicott Bookkeeper (Finance Officer) at an annual salary of $5,000.00 f= or 2010.

Adopted.=                    =          Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 1

RESOLUTION #24-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing Councilman Heintzelman as Town of Ellicott Deputy Supervisor for 2010 at no pay.

Adopted.=             =             &nb= sp;   Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 1

=

RESOLUTION #25-10 – 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 - 4        =                  =       Noes - 0        =             &nb= sp;           Absent - 1

=

RESOLUTION #26-10 – MOTION by Supervisor Miller, seconded by Councilman Lodestro appointing Karen Livsey, 3409 Gerry-Levant = Rd. as Town of Ellicott Historian<= /st1:place> at an annual salary of $1,000.00 for 2010.

=

Adopted.=             =             &nb= sp;   Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 1

=

RESOLUTION #27-10 - MOTION by Supervisor Miller, seconded by Councilman Lodestro designating the following committee appointments for 2010:

Economic Development &= #8211; Councilman Heintzelman

Finance – Counci= lman Orlando

Public Safety – Councilman Lodestro

Human Resources – Councilman Lodestro

Town Facilities – Councilmen Lodestro & Orlando

Public Facilities R= 11; Councilman Beckerink

Administrative – Supervisor Miller

      = ;            &n= bsp;

Adopted.=             =             &nb= sp;   Ayes - 4        =             &nb= sp;          Noes - 0        =             &nb= sp;           Absent - 1

=

OLD BUSINESS

Town of Ellicott Comprehen= sive Plan – Councilman Heintzelman reported t= hat the Town of Ellicott Planning Board met on= Dec. 14, 2009 to finalize the revisions to the proposed comprehensive plan for t= he Town of Ellicott. (Minutes 12/7/09). He noted that a representative fro= m Clark Patterson Lee attended the meeting. (CLP drafted the original plan.) He stated that the company intends= to make the suggested revisions to the plan early in January 2010. Mr. Heintzelman hopes that the fin= al plan will be completed in February 2010.

NEW BUSINESS

=

RESOL= UTION #28-10

Bond Anticipation Note (Dump Truck/Snowplow)

MOTION by Councilman Beckerink, seconded by Councilman Heintzelman authori= zing the issuance of a Bond Anticipatio= n Note in the amount of $182,016.00 for the purchase of a 2010 International 7600 SFA Dump Truck and a Henderson Plow. (see 'BAN' file for detail)

Adopted.=         =             &nb= sp;       Ayes - 4    &nb= sp;            =             &nb= sp; Noes - 0    &nb= sp;            =             &nb= sp; Absent - 1

RESOLUTION #29-10

Re-appointment to Planning Board (E= vans)

MOTIO= N by Councilman Heintzelman, seconded by Councilman Lodestro re-appointing Daniel Evans, 44 Hunt Rd., to a seven-year= term on the Ellicott Planning Board, term to expire on December 31, 2016.

Adopted.=         =             &nb= sp;       Ayes - 4    &nb= sp;            =             &nb= sp; Noes - 0    &nb= sp;           =             &nb= sp;   Absent - 1

=

RESOLUTION #30-10

Appointment to Zoning Board of Appeals (Cimo)=

MOTION by Councilman Beckerink, seconded by Councilman Heintzel= man to appoint Angelo Cimo, 39= N. Hanford Ave., to fill an unexpired term on the Ellicott Zoning Board of Appeals, term to expire December 31, 2011.

Adopted.=         =             &nb= sp;       Ayes - 4    &nb= sp;            =             &nb= sp; Noes - 0    &nb= sp;            =             &nb= sp; Absent - 1

=

RESOLUTION #31-10

Payment of Claims=

&nb= sp;

Motion by Supervisor Miller, seconded by Councilman Heintzelman to pay Abstract #22 (2009) in the amount of $2= 5,083.38 and Abstract #1 (2010) in the amount of $231,018.20 and charge to the proper funds or accounts.

Adopted.=         =             &nb= sp;       Ayes - 4    &nb= sp;            =              Noes - 0        =             &nb= sp;           Absent - 1

Motion by Supervisor Miller, seconded by Councilman Beckerink to adjourn at 12:26 = PM.

Carried.        =                    =   Ayes - 4        =                        Noes - 0                            =     Absent - 1

      = ;

      = ;              &= 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;