Sardinia Zoning Board of Appeals Fire Schroder, Joseph and Associates

February 17, 2009

BREAKING NEWS

Richard Stanton Hired as New ZBA Attorney

ZBA Member Mr. Markle and ZBA Chair Mr. Malachowski discuss Business at Tonights ZBA meeting. Mr. Markle is the one wearing the Gernatt Baseball Cap

The Sardinia Zoning Board of Appeals met tonight for a regular meeting. It was the first meeting Chaired by the new ZBA Chair David Malachowski. It was also the first meeting without former Chair Mike Hannon. Mr. Hannons term as Chair was ended by the Sardinia Town Board during its regular Janaury meeting, when Malachowski was appointed as Chair. During its regular February meeting the Town Board  announced that Mr. Hannons term of office with the ZBA had been wrongly assigned by the 2004 Sardinia Town Board. It was discovered that his term had actually expired on 12-31-08, and the Board passed a resolution correcting that error. As a result Mr. Hannon no longer serves on Sardinia's ZBA.

(See "Sparks Fly at Sardinia Town Board Meeting" Posted Feb 11, 2009)

This evening the ZBA voted 3-2 to end its relationship with Schroder Joseph and Associates, a law firm that has had a controversial and contentious relationship with the Town Board since its hiring by Hannon to help the ZBA deal with the Zoning Variance ultimately granted to Gernatt Asphalt Products for the Gabel Thomas Site. 

The ZBA also voted 3-2 to hire Richard Stanton as its new attorney.

Chairman Malachowski, Ted Krolick and Dan Moltrip voted in the majority on both votes and Mr. Markle and Mr. Phillips voted in the negative.

Sardinia Needs an Ethics Law

February 17, 2009

Wind Companies in New York Subject to Attorney Generals Code of Conduct.

Ethical Standards Should be Adapted to Become Part of Sardinia Ethics Law.


By Jay Burney

Making big decisions in small towns is a complicated and often difficult challenge. Residents, businesses, taxpayers, and government officials are constantly faced with a wide array of arguments, opportunities, choices, and deadlines.

Often, small communities and local officials are asked by businesses to make decisions that will determine whether or not those companies can conduct business in the community. These decisions seeking benefits from the community are often big, and can involve zoning variances, tax relief, and infrastructure impacts and investments. The decisions that are made often come with huge consequences, both to the company and to the communities from which they seek benefits. Companies involved in communications, energy, mining, property development, and other industrys often come knocking on small town doors. Currently in Sardinia, a huge multi-national landfill company and a mining business need government approvals to conduct business.

Because of a variety of pressures on public officials, sometimes it is hard to insure the right measures of community benefit.

New York State Attorney General Issues Ethics Guidelines
One of the more dramatic and well publicized stories of business/community dealings with small towns in New York State during the past decade involves wind energy companies such as Nobel Energy and First Wind. Some of these wind companies have been accused of exerting pressures on Town Officials to make decisions that lack public scrutiny, avoid accountability, and at the very least cross ethical boundaries. According to a report by the Attorney Generals Office some of these companies have not been “acting properly, or within the law” in their dealings with small communities. Sardinia is not immune.

Last fall, in order to address the issue, the Attorney Generals Office released a “Code of Conduct” designed to help small communities deal with wind companies. This Code includes a written series of provisions covering such issues as Conflicts of Interest, Public Disclosure Rules, Education and Training Provisions, and Compliance. Part of the Compliance aspect involves the formation of a State-wide Task Force designed to monitor and report about Wind Companies and their relationships with communities.

To their credit, both Nobel Wind and First Wind signed onto the Attorney Generals Code of Conduct. No one else has.


Attorney General's Code of Conduct for Wind Farm Development
This code is an “ethical” guideline for communities and businesses. It outlines areas of potential conflict and offers solutions promoting transparent decision making.

It advocates ethical strategies, actions, and behavior. It promotes best practices through actual conduct and detailed education. This educational componant is designed for the public, public officials, and private companies.

According to a press release accompanying the announcement of the Ethics Code:

“-The Wind Industry Ethics Code is a result of the Attorney General’s investigation into, among other things, whether companies developing wind farms improperly sought land-use agreements with citizens and public officials, and whether improper benefits were given to public officials to influence their official actions relating to wind farm development.

-The Attorney General's Wind Industry Ethics Code prohibits conflicts of interest between municipal officials and wind companies and establishes vast new public disclosure requirements.”


Attorney General’s “Code of Conduct for Wind Companies” Can Be Adapted to Address a Wide Range of Business and Community Relationships.

Most communities in NYS face the kinds of pressures and ethical questions that are addressed in this remarkable document. Small towns, like Sardinia, often lack financial and expert resources that would help the community to make the best decisions possible. Who knew that until this document was released, there were no ethical guidelines or standards for communities and businesses? It is time to make these guidelines into law.


Examples from the Attorney Generals “Code of Conduct”

-Under "Conflicts of Interest-Prohibited":
“The Wind Company shall not directly or indirectly offer to, or confer on, a Municipal Officer, his or her Relative, or any third party on behalf of such Municipal Officer, any benefit under circumstances in which it could reasonably be inferred that the benefit would induce such Municipal Officer to commit an official act, or to refrain from performing an 0fficial duty in connection with Wind Farm Development unless such Municipal Officer recuse him or herself from any official duties in connection with Wind Farm Development.”

-Under: "No Gifts":
“The Wind Company shall not give any Municipal Officer, his or her Relative, or any third party on behalf of Such Municipal Officer, any gift of gifts totally more than ten dollars ($10.00) in the aggregate during a one-year period.”


-Under :Public Disclosure":
“1. The Wind Company shall publically disclose the full names of any Municipal Officer or his or her Relative who has a financial interest in any property Identified for Wind Farm Development, and the nature and scope of the financial interest in the following manner:

a. Submit the information in writing for the public inspection to the Clerk of such Municipality

b. Publish the information in newspaper having a general circulation in such Municipality

c. Display the information on a website hosted by the Wind Company

-Submit the information it writing to the Task Force and the Office of the Attorney General”



Let’s Make an Better Ethics Law in Sardinia

The Town of Sardinia's Ethics Law was reinvigorated last year by the Town Board after a plea by Supervisor Balus to bring town ethics back on the radar screen. We can do more.

It is no secret that in America big business with huge legal and financial resources target small communities. Doing business in small communities can be very cost effective for the companies because strategies are often employed that avoid transparency and prevent scrutiny by the public. Often, transparency does not favor companies seeking public benefit. Sadly many of our community’s best interests are not always at the top of the priority list. That is why the Attorney General’s Office addressed the problems that it has identified between some Wind Companies and some communities.

Sardinia, its residents, and its public officials are not immune from these complex and often difficult situations. In recent decades big businesses such as Waste Management, Inc. which operates the Chaffee Landfill, one of the largest landfills in the Northeast, and Gernatt Asphalt Products, Inc. have sought important decisions including zoning changes with the Town of Sardinia. Many residents and taxpayers have complained that the processes that have led to controversial decisions with these companies have not exactly been transparent or subject to public scrutiny. These and other companies including property developers, lumber, telecommunications, and energy companies will continue to come to our Town seeking benefits through such things as zoning changes and building permits.

The Sardinia Standard suggests that the Town of Sardinia review the NYS Attorney General’s Office “Code of Conduct for Wind Companies” and adapt the code to represent an overall ethics law for the Town.

For a More Detailed Look:
http://www.oag.state.ny.us/media_center/2008/oct/Code%20Signed%20by%20First%20Wind%20and%20AG.pdf

The Hannons are Acting Against the Best Interests of Sardinia

Editorial Essay

February 15, 2009


Mary Hannon Admits “compromise” with Gernatt Asphalt

Mike Hannon’s term of office as the Chair of the ZBA was marked by the controversial decision to grant Gernatt Asphalt Products, Inc. a variance to mine gravel at the Gabel Thomas site in the center of town.

The granting of a variance to Gernatt for mining on this site had been denied by the Town for almost two decades. Each time Gernatt sued the Town, and the Town ended up winning in court. Successive Town Boards had fought popular and successful battles in New York State courts to prevent this mine. This litigation set a nationally recognized precedent that reinforced that a local community is allowed to establish its own zoning standards that cannot be undermined by a private corporation. Mike Hannon led the ZBA to overturn that precedent and it began a year of terrible consequences for the Town of Sardinia.

In 2007, with Hannon in place as chair of the ZBA, Gernatt came back for another bite of the zoning apple.

At the time, Hannon asked the Town Board for permission to hire the law firm of Schroder, Joseph and Associates to help guide the ZBA through the process, and the Town Board consented.

During the proceedings including Public Hearings leading up to the granting of the variance it was clear that a majority of Sardinia residents and the Sardinia Town Board opposed the mine.

At those meetings it was disclosed that Hannon and his wife Mary work in the gravel industry and own a local gravel business. It was pointed out that Hannon might have a conflict of interest. He was asked to disclose any financial or business relationships with Gernatt. He would not.

Later Hannon would say that a majority of those that “spoke at the public hearings” or submitted letters to the ZBA, were in favor of the mine. The simple fact is that many of the people speaking at the public hearing were either Gernatt family members, or Gernatt employees or contractors, and they indeed spoke in favor of the mine. Some accused the gravel company of “packing the house.” Given the fact that many written comments in favor of the mine made by Gernatt employees came on form letters, some unsigned, suggests that this accusation is true. A majority of the residents of Sardinia, and the Town Board, spoke out and still remain steadfastly against the mine.

Lawsuits Inevitable?
The main consequences that differentiated the ZBA granting or not granting the zoning variance to Gernatt lie in the area of whom would bear the financial burden of the certain to come lawsuits. If the ZBA denied the permit, it was clear that Gernatt would sue the Town. In that case Gernatt would have to pay for its own attorneys. If the ZBA granted the variance, the Town Board clearly indicated with it’s substantial public support, that it would appeal. In that case the Town would have to sue its own ZBA, and by NYS Law, pay for the attorneys on both sides of the lawsuit.

Hannon, the ZBA, Gernatt, and Schroder Joseph Associates were well aware of the scenarios and the potential financial consequences and burdens to all parties. And, despite what Mike Hannon wants you to think, a ZBA vote to deny the permit would have been as legitimate a decision,- maybe more so given the Towns history and precedents on the subject as the decision rendered by the ZBA to grant the variance.  Instead, Hannon argues that the only right decision that the ZBA could make was to grant the variance. Sorry Mike, that argument is pure bull. The courts recently ruled only that the ZBA has the right to determine the outcome. Not that it has any legitimacy going one way or another. The recent court decision would have backed the ZBA’s authority no matter what it decided. The current appeal goes to procedural irregularities.

Late in 2007, the Hannon led ZBA granted a variance for the Gernatt owned Gabel Thomas mine by a narrow and controversial 3-2 vote.

What really counts is that Hannon and the ZBA’s decision in favor of Gernatt has cost the Town tens of thousands in legal fees and Gernatt is enjoying a free ride through the courts. Outrageous! Irresponsible! Hannon and his gang should be held accountable.

The Town Board decided to appeal the ZBA decision because arguably, the future economy of Sardinia and the community’s quality of life will be severely and negatively impacted by this mine. 20 years of court rulings in favor of the Town supporting this position cannot be forgotten. Despite what Hannon and his cohorts say, the residents of Sardinia broadly support this action.

After the ZBA vote and the Towns decision to appeal, things really began to get curious in Sardinia.

Just after the ZBA decision to grant the variance, an action which was opposed in writing by then Town of Sardinia Republican Committee Chair John Marsh and his wife Town Clerk Betsy Marsh, Marsh was replaced as Sardinia Republican Committee Chair by Mike Hannon. This was unexpected and took many local republicans in the Town by surprise. It was not, and is not clear why Marsh resigned. It is not clear who chose Hannon to replace Marsh. Many long time Sardinia Republicans felt left out in the cold. What was clear is that to quell any unrest, Hannon and his co-horts immediately launched a very public and very aggressive “loyal republican’s campaign”. This campaign taken up by the Arcade Herald and The Springville Journal, chastised and blasted anyone that questioned what was going on at the local republican committee. On the surface, the whole affair seemed a little bit of overkill. Underneath the surface it was and remains a deeply disturbing political power play with great consequence to the Town and our region. Lets not forget the private detectives knocking on Sardinia seniors doors, pretending to be State investigators, but who were really working for State Republican Senator Dale Volker, he of the $1 million dollar annual office Staff. Lets not forget our many local citizens dragged into Erie County courtrooms subpoenaed to testify against political candidates because the citizens had signed election petitions.

Initially, before the “loyalty campaign” began, a number of Sardinia Republicans decided to challenge Hannon and the local slate of “endorsed” candidates that he announced for the upcoming Town Board election. Hannons endorsed candidates consisted of Dave Montgomery, and Mary Hannon, Mike’s wife. The challengers, all loyal long term Republicans, and coincidentally, all against the Gernatt Gravel Permit, were shown the back of the hand and worse by Hannon and the more powerful Erie County Republican Committee. As the challenger candidates spoke out they were targeted for public humiliation. Clint Salmon and Robert Church wrote bombastic letters to the Herald and Journal which were published week after week during the campaign outlining the nefarious goings on in the personal lives of those that opposed Hannon. Anonymous “Taxpayer” letters were sent to Sardinia residents making unfounded accusations and spreading disinformation.

During the campaign, the Standard attempted to find how the decisions were made for both the local Republican Committee leadership which replaced Marsh, and the endorsement process for candidates for Town Board. Our questions were not answered by the local committee.

The Standard spoke to Erie County Republican Chair Jim Domagalski about the local Republican committee. He told us that he “had no idea who made the decisions or why” and said that “the County never interferes with local committee decisions and that he would not get involved”. That proved false as during the election Domagalski and others including Volker campaigned hard for Hannons candidates. Domagalski even went so far as to take out a personal endorsement advertisement in the Arcade Herald and Springville Journal for Mary Hannon and Dave Montgomery. That is unheard of. And it became known that Gernatt family members were cozy with the Republican Erie County Executive, Domagalski’s County Committee, and other well placed political officials.

Hannon’s candidates, his wife Mary Hannon, and Dave Montgomery won the election for Town Board.

John Marsh remained strangely silent during the campaign, except that in the last week before the election the Arcade Herald and Springville Journal published a letter from him endorsing Hannons candidates. Did we mention that the very first action of Mary Hannon upon assuming office in January was to demand and get a raise for Betsy Marsh?

Did we mention that in the last week before the election, Bud Bean, husband of Town Board member Ann Bean who passed away late last summer, and whose seat was being contested in the election, published a letter in the Herald and the Journal under his name endorsing Hannons candidates? Did we mention that the very first action of David Montgomery upon assuming his office of Town Board member in December was to motion to approve the hiring of Bud Bean in the Town of Sardinia Highway Department?

Compromise with Gernatt? Mary Hannon Lets a Confession Slip Out?
At the February 2009 regular Sardinia Town Board meeting, held on February 11, during a discussion which resulted in a resolution by the Town Board to remove Mike Hannon from the ZBA, newly elected Councilman Mary Hannon, Mikes wife and business partner, stated to the Town Board “You don’t know what you are doing, you don’t know what you are opening up here.” She then went on to say “The ZBA “compromised” with Gernatt Gravel “to prevent problems”. “This vote (to remove Hannon from the ZBA) is going to cause a lot of trouble.” (See Sparks Fly at Sardinia Town Board Meeting- posted February 11).

What exactly was this “compromise” and what business does a ZBA have compromising the community’s future?

We do now know that Schroder Joseph and Associates, hired by Hannon to represent the ZBA during the Zoning procedures with Gernatt, were kept on to represent the ZBA during the appeals process. We do know that Schroder Josephs and Associates, since the appeal began, have billed the Town of Sardinia almost $50,000 at $220 per hour. We do not know what they are doing, who is directing them, and whom they are accountable to.

We do know that this same law firm has been representing the Sardinia Republican Committee. We do know that the January 2009 Periodical Report to the Board of Elections Dated filed January 12 states that the Sardinia Republican Party is in debt $898.90. We do know that as a part of that debt is expenditure to Schroder Joseph and Associates of $648.90. We do not know if that was actually paid, or by whom, since there was no money in the Sardinia Republican Committee’s reported account.

We do know that a letter dated February 4 came to Town Attorney Anthony DiFillipo, from Schroder, Joseph and Associates, representing the ZBA and purporting to defend Mike Hannon and his then potential removal as a member of the ZBA. We do know that his action was not authorized by ZBA Chair David Malachowski, or the ZBA Board.

(See Schroder Joseph, ZBA Attorneys submit $50,000 bill to Town-posted February 13).

We do know that a letter dated February 4, 2009 from Schroder Joseph Associates was received by Sardinia Town Attorney Tony DiFillipo. The letter stated that the law firm was representing the Sardinia Republican Committee and was seeking to cancel the Fireman’s Award Referendum scheduled for February 24.

We do not know who is paying either of those bills given the fact that the ZBA letter was not authorized by any recognizable party, and given the fact that the Sardinia Republican Committee appears to be, by its own public disclosure forms, bankrupt.

So far the legal fees stimulated by Hannon and Schroder Josephs actions, accumulated by the Town just this past year has amounted to almost $100,000. More than half of that goes to Schroder, Joseph and Associates. What was the compromise with Gernatt that Mary Hannon has now revealed?

Gernatt must be laughing all the way to the bank. Thank- you Mike Hannon. Thank-you Mary Hannon.

Town Highway Supervisor asks for $190,000 for New Plow Truck

February 15, 2009

Baker Says his Department Beats up the Trucks!

Hannon and Montgomery Demand quick vote on "unanticipated" $190,000 Expense.

Walt Baker, Town of Sardinia Highway Superintendent may be right when he says that his department needs a new truck at a value of $190,000. He also says that they need other capital items, but the hasty request comes at an unusual time.

When asked why he had not anticipated this expense in his annual budget passed by the Town Board at its regular January Board meeting, Baker said "I wasn't that involved in the budget process, someone else handled it."

Baker who has spoken about his health issues during the past several months may have been out of the loop, but it seems odd that such an important capital item would be overlooked until mid-February. Baker also stated that if the money was authorized now it would probably be July before the right vehicle could be purchased.

Both Dave Montgomery and Mary Hannon, new councilmembers, told the Town Board at the regular February Board meeting that they had been to the Highway garage and that indeed a new truck is needed.  They called for an immediate vote authorizing the expenditure shortly after Baker announced the need. Supervisor Balus, and Councilmembers Heather Phelps and Norm Uhteg objected to an immediate authorization vote for the $190,000, and stated that this was all new information and that such a large expenditure needed more evaluation including, at the very least, competitive bids.

After a brief and heated discussion the business was tabled, and Baker was asked to bring back more details as soon as he could.

We at the Standard cannot help but wonder if this business is somehow related to the Fireman's Awards Package and the Sardinia Republican Committee's opposition to it.  Is it possible that Hannon and Montgomery want to play fiscal games with Town funding and for instance articulate what they consider an immediate need spend this huge sum on the Highway Department? Is it possible that they would use this expenditure as an argument against The Fire Company Award Package?  They did not at this meeting, but some in the audience, known to be allied with Republican Chair Mike Hannon were overheard to make comparisons and suggestions that the Town cannot afford Fireman Awards when there is such a pressing need for the Highway Department.  These are sad questions to ask but given the subterfuge and political quackery that this Republican Committee consistently engages in, they become necessary questions.  We will see soon what kind of "final days before the referendum campaign" is engaged in against the Firemans Awards Program. Hopefully Mike Hannon and his partisan attack machine will stand down and stand up to recognition that the Fireman Awards Program will greatly benefit all residents of Sardinia.  But-beware of anonymous letters in your mailbox, or scare tactics including buffoonery by the usual players in the Herald and the Journal this week.

The bottom line is that if a new plow is needed for the Highway Department, one needs to be obtained and the Town has to find a way to ante up for legitimate expenses.  The Town needs to operate in an open and accountable manner, Mr. Baker, Mrs. Hannon, Mr. Montgomery and among other things this means a process that includes anticipated budgets, timely evaluation of needs, open presentations and discussion, and competitive bids for new equipment. Perhaps it is also time that the Town of Sardinia conduct an audit of the Highway Department.  This has never been done.  Now that the Town has conducted a badly needed audit of the Waste Management contract with the Town, (to be released at the regular march Town Board meeting), lets keep this openness and accountability ball rolling. Lets get an audit of the Highway Department underway so that we can best understand the nearly half a million dollar annual budget of the Highway Department, run by Sardinia's highest paid regular employee (Highway Supervisor Baker at $45,066 plus benefits,  in 2009.)

 That would certainly be a legitimate investment in open government and the kind of accountable fiscal practices that seems to be called for by all parties in this rancid political climate.

Conflict of Interest with Sardinia Republican Committee?

February 15, 2009

Schroder Joseph Associates  Represent both Sardinia ZBA and Sardinia Republican Committee

Does Mary Hannons admission of a "compromise" between Gernatt Asphalt and the Sardinia ZBA involve this Law Firm?

There are legitimate concerns that former Sardinia ZBA Chair Mike Hannon had a conflict of interest on the ZBA during the Gernatt Zoning Variance proceedings for the Gabel Thomas site. After it was disclosed at a public hearing that the Hannon's (Mike and his wife Mary) own and operate a gravel mining business Mr. Hannon was asked to recuse himself from any decisions regarding this particular zoning variance. He refused. He was asked to disclose any financial or business arrangements between his business and Gernatt. He declined.

When John Marsh resigned as chair of the local Republican Committee early last year, after he had opposed the Gernatt permit, Hannon was appointed as Chair of the Sardinia Republican Committee. The process determining local Republican leadership was cloaked in mystery and silence. When Hannon's wife was endorsed as a candidate for Town Board, eyebrows were raised and many local Republicans were concerned about the growing conflicts.

Now we discover that Schroder Joseph and Associates, the very expensive law firm hired by Mr. Hannon when he was chair to represent the ZBA, also represents the Hannon led Sardinia Republican Committee.

A Zoning Board of Appeals is one of the most important tools for communities to make local zoning decisions.  As such, it would seem that politics and power brokerage should take a back seat to bi-partisan, or non-partisan public interest. Now that we have a law firm that is vested in partisan politics, it is time to ask some very important questions. 

How did this law firm come to represent the ZBA and the Sardinia Republican Committee?  Was there any kind of deal, or promise, or payment scheme hatched by the Sardinia Republican Committee, which by its own financial disclosure forms shows that it is nearly $1,000 in the red?  Who is paying the law firm for the political parties representation?

We have to wonder, if as Mary Hannon publicly stated at the February Sardinia Town Board meeting, that there was a "compromise" reached between the Gernatt Asphalt Company and the ZBA regarding the zoning variance, was Schroder Joseph, part of that compromise?

Maybe it is really time to stop this lawsuit as Mike and Mary Hannon so piously proclaim with perfect political perfidy.  However, we dont think that the Town should lie down. Instead, we think that there is something smokey happening here.   We think thatthe quickest way to end the lawuits includes the firing of  Schroder Joseph as representatives of the Sardinia  ZBA immediately. We call for a full public investigation into the relationships between the Sardinia Republican Committee, private business interests, and the ZBA, be undertaken before any further payments by the Town of Sardinia are made to this law firm.

Sardinia Republican Committee hires Attorneys in order to Prevent Feb 24 Referendum

February 15, 2009

Sardinia Republican Committee Against Fireman’s Benefits Package?

Despite the fact that according to the January Board of Elections Periodic Disclosure filing by the Sardinia Republican Committee indicates that the Sardinia Republican Committee, chaired by Mike Hannon, is $814.31 in debt and that $648.91 of that expense is a debt owed by the committee to Schroder, Joseph and Associates, the law firm also representing the Town of Sardinia ZBA, another letter came to the Town of Sardinia on February 4, from Schroder and Joseph. This letter states in part:

"Dear Tony:

Our firm represents the Town of Sardinia Republican Committee and I am writing regarding the Town of Sardinia’s proposed vote on the Referendum to Authorize the Establishment of a Defined Benefit Service Award Program for the Volunteer Firefighters of the Chaffee-Sardinia Volunteer Fire Company. "

The letter goes on to state that “we ask at a minimum, that you agree to cancel the scheduled election”

The Standard has a couple of questions.

1. If the Sardinia Republican Committee is in debt, according to the January disclosures to the Board of Elections, how are they continuing to engage the legal firm, and are they paying them, and how?

2. Why is the Sardinia Republican Committee making a partisan issue out of the Fireman’s Award Program?

Montgomery, Hannon (s) Salmon, Church, Parczyk, et all, continue to say things like “We think that the fireman deserve something but not this”. The truth is that a majority of the Republican Committee, led by Mike Hannon, is against the Fireman’s Award Program and seem to have a vindictive hatred against the local fire company.   If this is personal Hannon the leader should stand above it and make more informed and community caring decisions.  His leadership thus far, with the ZBA and with the local republican committee has been divisive  characterized by bad tempers, and a mean spirited vindictiveness.   His leadership, and the local republican committee seems to care mostly about personal power than any real concern for above board political discourse, quality of life, citizen safety, and building a better community. We think that this characterizes much of the local Republican Committee's opinions and actions.  This is bad news for Sardinia.  It is not that we don't like republicans, in fact we do. Some of our best friends and supporters are republicans, and have been for generations.   When the likes of Hannon, Salmon and Church get involved with an issues such as this, you have to believe that there will be blood. Montgomery makes the most contradictory statements and shouted out at one public meeting “Don’t you know what volunteer means?”

Despite confusion stimulated by misleading and untruthful letters and editorials in the Arcade Herald and Springville Journal from republican soldiers, (see "Who Doesn't Love the Power of the Press, posted January 21) and less then truthful public statements by Councilman Montgomery, Clint Salmon, and Bob Church, the meat of the committees questions address the term of payments for this program.

The Republican Committee indicates obtusely in some public statements, after railing against the program for weeks, that it may have settled on one argument, that it would prefer that the Town make a "one time payment with additional annual service fees, rather than what the Town Board recommends to voters, -10 annual payments with service fees. We will probably see this argument outlined in next week's Arcade Herald, the harbinger of the Republican propaganda machine.  Both positions have some merit, but where were the Republican Committee members when the program was being discussed, debated,  and designed? This has been a long process leading to the public referendum.  There is no merit to defeating this package at this referendum. The firemen and the Town need this now. The Town Board thinks that the 10 annual payments may be easier to digest financially speaking and after watching the process and considering the options,  we agree.

The Sardinia Republican Committee, under Mike Hannon, is looking to defeat this in the upcoming referendum and we believe that they will advocate defeat for any package proposed, now or in the next few years. It is a sad reality that this group works up a heated political atmosphere characterized by personal disdain and bitterness, divisiveness, and even hatred. Why cant we have a reasonable community dialogue and a productive decision making process that unites us rather than divides us?

Gene Parczyk, another Republican Committee soldier,  mischaracterized the program at the recent public informational meetings by calling it, among other negative things, a “Cadillac Program.” He was corrected by both the Fire Company and insurance officials and told that it is far from a Cadillac program, more like an old Volkswagon. He and others say that the Town Board is fostering a quick and unresearched program on the town, and that more time is needed to evaluate other deals. Dont you believe it.  It has been a long while coming and has been thougtfully considered by many.  Montegomery even declared that the Town should self administer the program, which is illegal under NYS Law. The fire company told people attending the meetings that they had researched this program for almost 8 years and were recommending a reasonable cost effective program for the Town of Sardinia.

After listening to presentations at the first public informational meeting held on February 5, Ann Wittmeyer, a Sardinia Republican Committee member stated “I came here opposed to this program but after listening I want you all to know that I support it.”

Thanks Ann, we hope that your courage in stating your support doesn’t bring you any threatening letters.

Power Back On!

February 14, 2009

Electricity Restored to Southern Tier Residents
Tragedy Marks Bad Weather

by Jay Burney

After two days with no electricity, power was restored to approximately 32 households in the Protection area of Chaffee on Friday. We not sure how many Sardinia residents lost their power during the Thursday/Friday storm that included high winds, rain, sleet, and snow, but NYSEG and National Grid, and other utilities had reported more than 50,000 customers without power, mostly in the Southern Tier areas, during the height of the weather. High wind gusts of nearly 70 mph were recorded in several locations in WNY. As of early Saturday Friday only 3,000 customers in Erie, Cattaraugus, Wyoming, and Allegheny, and Chautauqua Counties remained without power.

The tragic plane crash of Continental Flight 3407 may have been weather related and has brought tremendous sadness to our region. As the names of the 50 victims are released over the next few days, many of us will recognize that we have lost friends, acquaintances, and relatives. This reporter has already identified 3 acquaintances that perished in the tragic crash. Our condolences and thoughts go out to those many that are affected by this terrible event.

Schroder Joseph and Associates, Attorney for ZBA, Submits $50,000 Bill to Town of Sardinia

February 13, 2009


Schroder Joseph, ZBA Attorneys submit $50,000 Bill to Town.

In other Town Board news of February Supervisor Balus announced that the Law Firm of Schroder, Joseph and Associates had submitted bills for attorney fees of almost $50,000 as representatives of the ZBA formerly chaired by Mike Hannon. The firm was hired when Mr. Hannon was chair. Hannon is Chair of the Sardinia Republican Committee which is also represented by Schroder and Joseph Associates. Hannon is husband of Sardinia Town Board member Mary Hannon.

The fees represent a $220 hourly rate.

Dave Malachowski, the new ZBA chair was asked by the Standard if he knows exactly what the law firm has done for the ZBA and who has approved their actions or the fees that have been charged to the town. “I am trying to get some answers, but haven’t yet, so I do not know." was Mr. Malachowski’s response, who was appointed Chair of the ZBA by the Town Board.

This week Schroder Joseph sent a letter to the Town defending the 2004 Town Board action that made the unusual Hannon and Markle appointments to terms of office that were contrary to NYS law, according to a resolution passed by the Town Board at the February 2009 meeting removing Hannon from the ZBA. (See posting "Sparks Fly at Sardinia Town Board Meeting" of February 11.) The letter was addressed to Town Attorney Tony DiFillippo and informed Mr. DiFillippo that “Mr. Hannnon should not be removed from the Zoning Board of Appeals any sooner than December 31, 2009. The letter went on to say “I would appreciate a response to this letter by the closer of business on Friday February 6, 2009 explaining the Town of Sardinia’s position on this matter and the masis of this position.” The letter was signed by Linda Joseph.

The Standard asked Mr. Malachowski, the ZBA Chair if he had approved of this letter from Joseph. He replied that he had not. He said that he had received an email from Linda Joseph informing him that the letter had been sent, but he had not communicated any consent to Schroder Joseph, and was not aware of any ZBA Board actions approving the the letter.

Malachowski was appointed as the ZBA Chair at the January 15 Town Board meeting.

Schroder Jospehs Associates and the Republican Committee

New Letter From Law Firm and Sardinia Republican Committee Challenges Chaffee Sardinia Volunteer Fire Company Referendum Issues.

The January 2009 Periodic Report to the Board of Elections submitted by the Sardinia Republican Committee showed that the Committee, chaired by Mike Hannon, husband of Town Board member Mary Hannon, to be $814.31 in the red (see "January Disclosures Show Sardinia Republican Committee $814.31 in Dept" posted to this blog on January 22). That Report also shows a payment to the law firm, Schroder Joseph Associates of $649.90. The disclosure did not indicate if the payment had been made, but it clearly linked the Committees debt to the payment.

Now Schroder and Joseph has sent a letter to the Town, on behalf of the Sardinia Republican Committee, challenging certain provisions regarding the February 24 Firemans Length of Service Award Program Referendum.

The Schroder Joseph Law Firm also represents the Sardinia Zoning Board of Appeals, and was hired when Mike Hannon was chair of the ZBA.

February 2009 Town Board Meeting Notes

February 11, 2009

Sparks Fly at Sardinia Town Board Meeting
Hannon No Longer on ZBA

Sparks flew at tonight’s Sardinia Town Board meeting when Heather Phelps moved to adopt a Resolution removing Sardinia Republican Committee Chair and former Zoning Board of Appeals (ZBA) Chair Mike Hannon from the ZBA. Councilman Uhteg seconded the motion. The action resulted from a decision by the Board to correct a mistake that had been made by the Town Board in 2004. Recently, a citizen pointed out the mistake that was made during the 2004 Town Board reorganizational meeting. that mistake incorrectly switched Mr. Hannons ZBA terms expiration date with Lewis Markle’s. Town Attorney Tony DiFillippo researched Town Board records and discovered that a mistake had indeed been made and the controversial Hannon’s term had actually expired on December 31 of last year.

The resolution passed at this Board meeting removed Hannon and reinstated Mr. Markle, whose term actually expires on December 31 of this year. Town Clerk Betsy Marsh told the Board that this mix-up was her mistake. “ I am the one that mixed up the dates.” She told the Board. Later Councilman Mary Hannon, Mike Hannons wife who opposed the resolution told the Board that “this was not a mistake and that someone should ask former councilman Carla Fuller, -because Fuller told me that that Hannon’s 2004 appointment (to the incorrect term), was deliberate.”

This would mean that the 2004 Town Board decided to appoint Markle to a four-year term, and Hannon, who had been serving as an interim appointment, to a six-year term. That may have been illegal. According to the resolution passed tonight, the 2004 appointment was“inconsistent with NYS law” which prescribes five-year terms.

Before the vote was taken Mary Hannon told the board, “You don’t know what you are doing, you don’t know what you are opening up here.” She then went on to say “The ZBA compromised with Gernatt Gravel to prevent problems. This decision is going to cause a lot of trouble.”

The resolution passed 3-0 with Balus, Phelps, and Uhteg voting for, and Mary Hannon and David Montgomery abstaining.

Later during the "question and answer period" reserved for public comment, Mike Hannon stood and speaking directly to Supervisor Balus said, referring to his removal from the ZBA- “You are tampering. This is a fixed vote. If it is not fixed why was Mr. Markle informed nearly two weeks ago that I would be removed and he would be replacing me. You had this vote predetermined and it is a fixed vote”

At that point Dave Malachowski, current ZBA chair, rose to take exception to Mr. Hannons remarks. he said, “I made a courtesy call to Mr. Markle telling him that there may have been a mistake by the 2004 Board and that he may in fact be still on the ZBA. Since we have an upcoming ZBA meeting, I wanted him to know that the Town Board may take action prior to that, and that might reinstate him. I told him that he should be prepared to attend the next ZBA meeting.

At this point Mr. Hannons voice grew loud and he shouted at Malachowski, “I have the floor here and this is all BS. Markle called me immediately to report this.” At this point, The town constable stood up and moved toward the front of the room to move in front of Hannon who was red faced and shouting in a threatening manner. This gave the Supervisor an opening to speak. She hammered her gavel. “This is a time to ask questions not a time to make political speeches and Mr. Malachowski, Mr. Hannon, the vote this evening was a procedural act, according to law, not an act for any other reason. We just need to clean this up.”

At the end of the meeting Mr. Hannon approached Supervisor Balus and started making more threatening gestures toward the video camera and live audio which streams Board meetings on the internet. This service is provided by Jim Witter for the Hometown Information Center Website and has raised the ire of some of the Republicans that have served on the Town Board in the past. Hannons voice rose considerably as he repeatedly said "This is Bullshit Bullshit. this camera should not be on!" Again the constable took notice and moved to intervene between the Supervisor and the controversial former ZBA chair, who is also the Republican Committee Chair. Gene Parczyk, one of Sardinia's outspoken citizens and a supporter of the Sardinia Republican Committee, had also shouted at tonights meeting. At this point, according to numerous witnesses, while Hannon continued to "complain" agressively to Balus, Parczyk moved in front of Witter’s video camera and pretended to moon it. Class act there!