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.
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.
