Laidlaw Legal Action Discussed by Ellicottville Town Board
BY SCOTT EDDY
ST. BONAVENTURE UNIVERSITY
Legal action from Laidlaw Energy against the town as well as possible action by town citizens against the company was a topic of discussion at Tuesday’s monthly meeting of the Ellicottville Town Board.
Town Supervisor John Burrell updated the Board on the status of Laidlaw’s lawsuits against the Town, including its $10 million federal lawsuit. Burrell said he spoke with the Town’s lawyer, Dan Spitzer, regarding the status of the suits late last week. He said the judge presiding over the case has given Laidlaw Energy a deadline of Apr. 15 to make their final case submission to the court. Spitzer expects the judge’s decision by mid-May. The decision won’t be the end of the case necessarily, however.
“At that time, it’s a good likelihood, if it goes our way, that Laidlaw will appeal,” Burrell said. He also added, however, that should the Town prevail in state court, the Town’s legal council believes a federal court would not consider reviewing the case.
To this point, the Town has incurred $171,000 worth of costs surrounding Laidlaw’s legal action against Ellicottville. Burrell said no further high bills are expected from this point forward and hopes much of the cost will be paid for by the Town’s insurance.
The expense to this point has caused several of the Town’s citizens to consider taking their own legal action against Laidlaw Energy. Ellicottville resident Bill Brown said he and other citizens are putting together a class action lawsuit against the company for “frivolous lawsuit” against the Town.
“They are attempting to place this small community into economic duress,” Brown said.
In other business, Burrell announced the Town has received $17,744.90 from a Justice Court Assistance Program grant. The funds will primarily go to cover costs in the Town courtroom, including a new surveillance system, bench and other security devices.
Also, the Board resolved to establish a new, less than half-time position of building inspector to assist the building department on an as-need basis once work on the new Tamarack Club begins. While the start of construction on the Tamarack Club is not yet official and motions remain to be passed regarding the project by the Town Planning Board, Burrell said “it appears they are going to start.”
Officials involved with the Tamarack Club project have asked the Town to begin setting up construction fencing along the property, but Town Engineer Mark Alianello said certain conditions in place have not yet been met and must be resolved before a building permit is granted.
“Everything looks like it’s going to work out fine, but we want to make sure everything is in order,” Alianello said.
Alianello also announced the Town has selected Hazard Evaluations, Inc. of Orchard Park to complete a site evaluation for the proposed Songbird subdivision. The evaluation will be made Tuesday.
Regarding the Town Hall restoration project, Alianello said plans are in place to put in a new sidewalk around Town Hall as well as replace the building’s sewer line. The Town will begin advertising the contract for bids next month. The cost of the project will be included in the grant extended to the Town by the New York State Office of Parks Recreation Historic Preservation, which has covered much of the restoration to this point.
Also, the Board passed a resolution endorsing the New York State Property Taxpayers Protection Act. Provisions for the tax relief package include state funding for mandates costing more than $10,000 annually or $1 million statewide; financial assistance to localities to consolidate services and combat Medicaid fraud; a state takeover of all optional Medicaid services; and a cap on school district tax levy hikes. More than 40 municipalities across the state have now passed the resolution.
Finally, the Board accepted the resignation of former Town of Ellicottville court clerk Valerie Lanza and thanked her for over 20 years of service to the community.
The next meeting of the Ellicottville Town Board will be Apr. 22 at 7pm in Town Hall.
The Town is issuing a proclamation that March 30, 2008 will be named Gerald Taylor Day in recognition of his 100th birthday and the many contributions he made to Ellicottville. Gerald turns 100 on March 27, 2008.
TOWN BOARD REVIEW
3/27/08
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