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Arkwright to re-submit three local laws

OBSERVER Photo by Braden Carmen Arkwright Town Board member Polly Gambino supported moving forward with a resolution to oppose District Courts.

ARKWRIGHT — Let’s try this again.

The town will soon be holding public hearings regarding its updated anti-dumping law; its solar energy project zoning law; and its short-term rental property law. The hearings will begin at 7:45 p.m., Monday, March 11, at the regular monthly meeting of the Town Board.

The three local laws were all passed in 2023 by the Town Board, but in the process of submission to New York State, all three laws were not filed correctly. The Town is holding the public hearings to allow the Board to then re-approve the laws and re-submit them to the State. Town Supervisor Brian McAvoy stated there have been no changes made to any of the three laws since their approval in 2023.

“We have had no challenges to these laws,” McAvoy said. “… This is really an issue of dotting I’s and crossing T’s.”

The Town Board is also planning to pursue a volunteer firefighter tax exemption to be made eligible for firefighters who are Town residents. The exemption would represent 10% of the member’s overall assessment, dependent on eligibility based on active member status and minimum participation requirements. The same exemption has received support from multiple other nearby municipalities, including the Town of Dunkirk.

Another recent stance in the Town of Dunkirk also received similar support from the Town of Arkwright. After a plea from Dunkirk Town Justice Christopher Penfold, the Town of Dunkirk passed a resolution in opposition to a bill that moves the State toward a District Court system. The current bill circulating would require that the 100 largest courts in New York state be run by an attorney, rather than an elected Justice of the Peace.

“This is the beginning of New York state abolishing the 1,200 Justice Courts in New York State and implementing District Courts,” Penfold said. Penfold also serves as Director of the New York State Magistrates Association.

Town Attorney Joe Calimeri told McAvoy a Town Board resolution in opposition of the State’s direction toward District Courts would be a “political decision” for the Board. McAvoy then asked the Town Board for its stance.

“Myself, I’d rather keep our Town’s Judge,” Board member Chris Jackson said.

Board member Larry Ball stated that he sees both sides to the matter.

Board member Polly Gambino said, “To say you have to be a lawyer, to me, that’s crazy.”

McAvoy stated that having a Town Court is a “courtesy” to the residents to “be able to adjudicate things at a local level.”

The Board agreed to move forward with a resolution on the matter to be presented at the next regular monthly meeting.

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