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Ellicott, Falconer Set Meeting For Annexation Vote

Later this month, the town of Ellicott and village of Falconer are expected to vote against the proposed annexation of the Dow Street Substation that is located along the border of the city in the village of Falconer, which is located in the town of Ellicott. P-J file photo

Town of Ellicott and village of Falconer officials will meet later this month to vote on resolutions pertaining to the proposed annexation of the Jamestown Board of Public Utilities Dow Street substation.

The town of Ellicott board is scheduled to meet at 6 p.m. Monday, March 16, and the village of Falconer trustees will meet at 7 p.m. Monday, March 23, to most likely vote on resolutions stating that the proposed annexation of the BPU substation is not in the best interest of the public. Officials from both the town and village oppose the proposed annexation because, if passed, they will lose property taxes revenue from the BPU.

Patrick McLaughlin, town of Ellicott supervisor, said the intent during the next town meeting will be to pass a resolution stating the annexation is not in the best interest of the public. Last month, the Jamestown City Council approved a resolution stating the annexation is in the best interest of the public. Once the entities pass their resolutions, one in favor and one opposing the annexation, and city officials and either town or village officials file the necessary paper work with the Chautauqua County Clerk, the matter will then move to the Fourth Department Appellate Division Court in Rochester to make a judgment in the case.

This is the second time the entities have been involved in the attempted annexation of the Dow Street substation. In August 2019, the Appellate Division Court dismissed the city’s first annexation petition on a technicality, stating that the city’s original proceeding was untimely. According to the court’s ruling, the necessary paperwork must be brought within 30 days of approval to the county clerk’s office. In 2017, the city council approved its annexation resolution in August, but the necessary paperwork wasn’t filed with the county clerk by the law firm hired by city officials, Bond, Schoeneck & King, until Nov. 8.

Last month, it was announced that officials from all entities involved were negotiating a possible agreement that would benefit each. However, talks were abruptly ended with no agreement in place.

During the first annexation attempt, it took nearly two years before the Appellate Court ruled on the technicality in the case. Prior to that in October 2018, a three-member panel of referees appointed by the Appellate Division met with city, school, town and village officials in Mayville for a three-day hearing on the annexation case prior to the Appellate Court judges hearing in April 2019. The three-member panel of referees unanimously declared the annexation wasn’t in the best interest of the public.

The first attempt by the city to annex the substation was started in January 2017. BPU officials have publicly stated that they are looking to save money in property tax payments being made to four entities.

The BPU’s property tax payment to each of the four entities includes $153,262 to the Falconer Central School District; $73,305 to Chautauqua County; $72,641 to the village of Falconer and $34,681 to the town of Ellicott, which is a total of $333,889.

If the annexation is approved, the city of Jamestown and Jamestown Public School District each would start to receive an additional tax equivalency payment of around $78,600 a year from the BPU, which totals $157,200. The BPU would save around $177,000 in property taxes a year if the annexation is approved.

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