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!

WNY Snow Totals So Far are Impressive

February 8, 2009


Halfway through the 2008-2009 snow season, the National Weather Service has released its compiled snow fall totals for several locations in WNY. The Weather Service uses about 200 reporting stations and many are reporting above average totals.

Here are some of the snow totals recorded as of February 8, 2009. (2007-2008 full season totals in parenthesis)

Lockport -83 inches
Niagara Falls -76 inches
Colden -152 inches (2007-08 Total 134 inches)
Boston -150 inches (2007-08 Total 151 inches)
Chaffee -121 inches (2007-08 Total 111 inches)
Wales -114 inches (2007-08 Total 109 inches)
East Aurora -111 inches
West Seneca -99 inches
West Valley -175 inches
Buffalo City -75-90 inches, north to south
Buffalo Airport -86 inches (2007-08 total 104 inches)
Warsaw -151 inches (2007-08 Total 191 inches)
Perry -96 inches
Portageville -81 inches
Mayville -237 inches
Yorkshire -199 inches (2007-08 Total 134 inches)
Ellicottville -203 inches (2007-08 Total 164 inches)
Arkwright -228 inches
Rushford -98 inches