FREWSBURG – Due to an untimely illness, the town of Carroll has assigned a new attorney in the case against Jones-Carroll Inc. and Sealand Waste.

On Wednesday, the Carroll Town Board approved to assign Jeffrey C. Stravino, a partner of the law firm Hodgson Russ located in Buffalo, to the case because of the health of Paul Webb, Carroll attorney.

Russ Payne, Carroll supervisor, said Stravino will only be handling the case against Jones-Carroll and Sealand Waste and isn’t the new town attorney.

“He is just handling the litigation on the landfill case because Erickson, Webb, Scolton & Hajdu law firm felt it was important to bring on someone who could handle the extensive duties associated with the case,” Payne said.

Payne said the most recent development in the case is a court hearing has been scheduled for April 2022 in front of the state Supreme Court Fourth Division Appellate Court in Rochester. He said a court hearing was postponed recently as the town looked for a new attorney.

“They gave us time to seek out and find suitable counsel to take (Webb’s) place,” he said.

The town of Carroll versus Jones-Carroll Inc. and Sealand Waste has been an ongoing feud for 16 years. Sealand Waste wants to expand the former Jones-Carroll Landfill into a construction and demolition landfill. Sealand Waste is opposing the town law passed in 2007, which prohibits any new landfills in the town. The landfill is currently closed.

In other business:

¯ The town has scheduled a public hearing Wednesday, Sept. 22, on the Local Law to override the tax cap of the 2022 budget. Payne said it’s an annual law the town approves in case the 2022 budget goes over the state’s tax cap.

“It’s standard and something we’ve done every year,” he said. “We do it in case we have to (go over the tax cap). If you don’t (pass the override) and go over, then you are in trouble with the state.”

Payne said the board will also hold a work session meeting later this month to start working on the 2022 preliminary budget. He said the board needs to have the preliminary budget done by the first week of October and then they must pass a spending plan by the end of November.

Last year, the board passed a 2021 budget with no increase in the tax rate, which is $5.94 per $1,000 assessed property value.

¯ The board also accepted the resignation of Jim Mitchener from the town highway superintendent position. Payne said Mitchener cited personnel reasons for why he resigned. Payne said Michael Walker will be the new interim highway superintendent.

Payne said both Mitchener and Walker’s names will be on the general election ballot in November for the highway superintendent position.

“That doesn’t change. Mr. Mitchener is still on the ballot even though he has resigned,” Payne said. “As we look at it, Mr. Walker is the only viable candidate.”