Town Board Notes
Town Board Notes
Board discusses zoning regulations and state tax share incentive for retail cannabis
The New York State Cannabis Law fits the Town of Ellicottville zoning regulations and the local share of the state tax will be an incentive to the community, Town Planner Gary Palumbo told the Town Board at its meeting this Wednesday, June 16th.
Retail cannabis dispensaries would be treated like tobacco and liquor stores under general retail establishment provisions, he said. If located in high-density residential, general commercial and industrial zones, dispensaries would require a special use permit from the Town Planning Board. Businesses providing on-site consumption would be subject to state licensing similar to bars and liquor stores, independent from the town's zoning ordinance.
He said the Board may pass a local law by the end of December to opt out and thereby prohibit cannabis sales and on-site use, but forego a share of the state tax revenue proceeds. He didn't know the tax impact of amending zoning to enhance cannabis regulations.
Palumbo said he doesn't expect the Village Board to opt out and recommended the Town Supervisor, Ellicottville Mayor and attornies meet to discuss a "common approach" to the new law.
COVID-19 RESTRICTIONS
In another matter, due to the relaxation statewide of Covid-19 restrictions, Town Engineer Ben Slotman will abandon his draft of a proposed Covid-19 policy.
"There will be no update, we'll go on as normal," he said, without employee health assessments, masks, or limits on the number of people in each vehicle.
It was noted that there hasn't been a head count of vaccinated employees.
TOWN HALL OPEN
The Board also agreed that with the return of public use of the Town Hall, restrooms will again be open to the public during the weekday business hours. The Town Hall is locked after hours.
"The building is open (for business) and the bathroom should be open," said Town Supervisor Matthew McAndrew.
DRINKING WATER
Tim Zerfas, a water resource specialist with the Cattaraugus County Health Department, reviewed how a drinking water protection plan will take shape under the Drinking Water Source Protection Program, or DWSP2 project. Water wells and watersheds in the towns of Ellicottville, Allegany and Machias will be assessed and ranked in order of susceptibility for contamination by stakeholder representatives and a consultant. Stakeholders are relevant agencies, including the three town boards, the Village of Ellicottville, the Health Department, the County Planning Board and the County's Water Quality Control Council.
Zerfas said the group will begin meeting soon to create maps of water sources and set goals for protection and implementation strategies, such as rules for pesticide storage, farm nutrient management controls, containment structures around fuel tanks, or other measures.
In Machias there are well problems due to manure applications that are migrating through the ground water and there is no control of the land use around wellheads.
"There's an unconfined aquifer there and anything you do on the surface goes into the water table. Whatever is done will be watershed-wide," said Zerfas.
TOWN VEHICLE MANAGEMENT
In another presentation, the topic of privatizing town vehicle management, maintenance, leasing and liquidation was discussed. Board members agreed to ask the town accountant to review Enterprise Fleet Management's proposal, but noted the firm already manages a number of nearby county and municipal fleets.
Enterprise representative Krissy Lettner described via Internet connection how the town's 10 vehicles would be replaced over several years with new leased vehicles that would be maintained by Enterprise-certified shops. The arrangement would eventually net the town a savings of $65,000 a year, calculated by averaging net returns during contract terms ranging from 7 to 12 years.
Materials supplied by Lettner show vehicle budgets of about $135,000. An Enterprise partnership would not cover any increases to the town's insurance costs on new Enterprise-owned vehicles, but could include accounting, auditing, billing and registration tasks which the town currently is responsible for. Also, town vehicles can sell at an average of 113 percent over the "Commercial Value Index." The town's cost in the Enterprise partnership was not discussed.
Town Police Chief Don Auge pointed out that his department had to forego a new vehicle purchase last year and the 2017 patrol car has over 100,000 miles. He said the current state bid of $36,000 for a patrol car is more than the rate quoted by Lettner, but Town and Village Engineer Ben Slotman noted Enterprise might be able to beat the state bid and added maintenance work would be sent out to some of the same businesses already serving the town. Supervisor McAndrew pointed out that the move would take the maintenance burden off the highway crew.
SOUTHERN TIER TRAIL
The Board also adopted a resolution supporting the efforts of Gobike Buffalo and the Ralph C. Wilson Foundation to design, fund, and build a proposed Southern Tier Trail, an 80-mile multiple use recreational trail from Buffalo to Olean.
A marketing plan for the project is underway and construction will begin on a short section between the Ellicottville Town Park, along Elk Creek, and Elizabeth Street. This segment is part of the 27-mile Erie Cattaraugus Rail Trail on the Buffalo-Pittsburgh Railroad bed between Orchard Park and Ellicottville.
The resolution states a feasibility study and community engagement will be completed by Alta Design & Planning. The new trail will boost recreational tourism, small business development and outdoor activities while attracting investments, new residents and visitors to the area. It is supported by several municipal land use and recreational plans.
WATER SYSTEM IMPROVEMENT PROJECT
Town Supervisor Matthew McAndrew reported on a proposed funding method for the town's Water System Improvement Project, discussed by town and village officials during the May 25th committee meeting of The Four Flushers.
He said the group suggested a special water district property tax rate increase of $.38 per $1,000 of assessed value might be an easier way to pay for the water system upgrade than increasing the water rates.
The increase is based on assessments of $469 million. The increase would boost the current tax rate of $1.41 per $1,000 by 27 percent for properties within the water district. The town would have to take out a bond anticipation note because it's too late to add a special district tax to the 2022 tax roll. The new tax would be levied on the 2023 tax roll.
IN OTHER NEWS
The Board also agreed to sign on to a shared services agreement providing the Ellicottville Town Planner's technical support, consulting and project review for planning and zoning matters, to the Town of Great Valley's officials, at the reimbursed rate of $90 per hour, plus mileage, to be billed quarterly by the Town of Ellicottville .
The Board agreed the town should apply by early July for up to $120,000 in the federal American Rescue Plan funds to help cover infrastructure losses during the pandemic. In a related matter, it was reported that due to the state of emergency still in effect for the pandemic, the town will be unable to charge late fees through December for overdue payments.
The Board was also briefed on the possible need for funding for asbestos remediation in the floor tiles of the Town Center as planning continues for the building's renovations.
The next meeting of the Ellicottville Town Board will take place July 21, 2021 at 6:00pm in the second floor meeting room of the Town Hall. For additional information on attending, contact Robyn George, Town Clerk, at 716-699-2100 or evltownclerk@gmail.com