The Sardinia Standard

Sardinia Zoning Board of Appeals Fire Schroder, Joseph and Associates

2009-02-17T22:08:00.006-05:00

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

2009-02-17T09:00:00.003-05:00

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

2009-02-15T17:33:00.005-05:00

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

2009-02-15T14:51:00.004-05:00

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?

2009-02-15T14:28:00.003-05:00

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

2009-02-15T11:26:00.005-05:00

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!

2009-02-14T08:38:00.007-05:00

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

2009-02-13T17:25:00.009-05:00

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

2009-02-13T17:04:00.004-05:00

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

2009-02-13T16:45:00.004-05:00

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

2009-02-09T18:51:00.004-05:00

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

Lincoln Find at Historic Farm in Sardinia

2009-02-05T18:20:00.001-05:00

February 6, 2009
Image at far right is Lee Oprea in front of the fireboard where the damaged 1860 Presidential Campaign poster was found hidden under five layers of wallpaper. The other image to its left, is a restored original 1860 poster for comparison.

Sardinia resident finds Presidential Election of 1860 Poster in Historic House

Washington and Lincoln Images Found on Fireboard Under Layers of Wall Paper.

By Jay Burney

It is not everyday when you come face to face with Abraham Lincoln. But that is just what happened to Sardinia Resident Lee Oprea when she was engaged in removing wall paper from her upstairs bedroom.

Now, Lee Oprea doesn’t live in an ordinary house. She lives in one of the most historic houses on one of the most historic properties in all of WNY. So historic that it is on the National and State Registers of Historic Places.

Lee lives on her families Rider-Hopkins Farm on Benton Road, which is part of the Olmsted Camp property. The home, known as the James and Abigail Hopkins House, dates from the 1840’s. The pre-civil war era brick Greek Revival home is considered to be a rare surviving example of a Western New York settlement era farm.

Lee was doing a bit of renovating and remodeling when she uncovered what she at first thought might be a sheet from an old newspaper. She was looking for a date when she uncovered Lincoln’s face. “I was surprised and knew that this was something unusual, but this is an old house with lots of history” Lee told the Standard.

The Lincoln face is a part of a poster that is in pretty bad shape. The Poster is an interesting original artifact from the Presidential Campaign of 1860, which included candidates Lincoln, Stephan Douglas, and Sam Houston.

The poster is a 27 x 35.5 inch multicolored broadside published by H.H. Lloyd and Company of New York. It is titled “Political Chart-Presidential Campaign, 1860”

The poster features portraits of the 15 previous Presidents with brief biographical information. In the center top of the poster are the various 1860 Presidential Vice-Presidential candidates from the 1860 contest. Candidates include John Bell and Edward Everett of ‘Constitutional Union Party; Stephen Douglas and Herschel Johnson of the Northern Democratic Party; John Breckinridge and Joseph P. Lane of the Southern Democratic Party; Abraham Lincoln and Hannibal Hamlin of the Republican Party , and Sam Houston who was described by the northern press as being of the “Peoples Party”. Brief party platforms were printed as well as a map of the United States.

These posters and broadsides were widely circulated and hung in classrooms and taverns and became the focal point of debate and discussion. It is really a wonderful relic from Sardinia’s and America’s past. When asked what she was going to do with the poster, Oprea told the Standard, “I am going to try to preserve it and I am talking with several experts about how to do this.” Good luck Lee, and thanks for sharing this wonderful find with us.

-------------------------------
updated February 7

The interesting find by Sardinia Resident Lee Oprea at her family home of the 1860 Presidential Campaign Poster stimulated discussion around the Standard’s office regarding the historical election. Here is some more info about that event:

The Presidential Election of 1860
This was arguably the most important and historic Presidential election in American History. The main focus was whether or not America would remain a Union or become divided. The election set the stage for the American Civil War. The nation had been divided over issues of states rights and slavery. The formerly dominant Democratic Party fractured into Northern and Southern factions. This allowed the Republican Party, and a relative unknown prairie lawyer and former Congressman from Illinois to assume the Presidency without the support of a single Southern State. In fact, Lincoln was not even on the ballot in 9 of the southern states. Lincoln’s main opponent in the election was Illinois Senator Stephan Douglas.

In 1858, prior to the Presidential campaign of 1860, Lincoln, a former Illinois Congressman challenged Douglas for one of the State’s Senate seats. Douglas was the incumbent and was one of the most popular United States Senators. In those days, Senators were chosen by State Legislatures. Lincoln and Douglas agreed to a series of debates and held joint appearances in various Congressional districts in the state. The issues of the campaign included slavery and secession. Lincoln lost the Senate race to Douglas.

After losing the Senate race to Douglas, Lincoln edited the transcripts of the debates and published them in a book. The issues of the debates set the table for the Presidential contest. The popularity of the book helped Lincoln to be nominated for President in the 1860 National Republican Convention, held in Chicago. Ironically, Douglas was nominated by the Northern Democratic Party.

There were four parties contesting in the Presidential race and a fifth candidate in Sam Houston who did not represent an official party. The Republican Party Platform consisted of an opposition to the expansion of slavery, tariffs protecting U.S. industry, a homestead act granting free land to farmers in the West, and the funding of a transcontinental railroad. All of these were unpopular in the South.

Lincoln and Hamlin narrowly won the election held on November 6 with 180 electoral votes. They carried 18 of the 32 States, with 1,865,908 popular votes or 39.8%. The immediate result was a declaration of secession by South Carolina. This was immediately rejected by sitting President James Buchanan and President elect Lincoln. Lincoln did not take office until March 4, nearly four full months after the election. That was a long winter for America.

Cold Days in January

2009-02-05T18:18:00.000-05:00

February 5, 2009

Janauary doesn’t set record but is 16th coldest January since 1870

It has been cold! In fact, according to the National Weather Service, January 2009 ranks amongst the coldest January’s recorded in this area. But have heart, this January is not “the coldest” January ever recorded. It is merely the 16th coldest of the 139 years that have been recorded by the National Weather Service.

The average daily temperature for the month of January was 18.5 degrees F., recorded at the Buffalo Airport. This was a full six degrees colder than normal for the month. The coldest day of the month recorded at the airport was -3 degrees on January 21 which was the coldest reading in any month for five years. At this reporter’s house in Sardinia, the thermometer on the porch hit -14 that morning. The warmest day of the month was January 23 when the airport thermometer briefly hit 45 degrees. No other day went above 35 degrees. The good news is that we did not experience much other than moderate winds. The NWS also reports that 43 percent of possible sunshine was recorded at the airport during January which beats the January average of 31 percent. At the Standard offices in Chaffee we are pretty sure that sunshine was in the 5-6% range during January but perhaps we are being to cynical.

There were no major snowstorms in January just “relentless and daily nickel and dime snowfalls that kept roadways almost constantly slick and tested the patience of area residents” according to the National Weather Service. Snowfall for the month at the airport was 30.6 inches which beats the January average of 26.1 inches. Those familiar with the microclimates and the hills of the Tri-County and Sardinia area know that there was much more on snow during the month of January, depending on where you measure it...

The coldest January in the record books took place in 1977 when the average daily temperature was 13.8 degrees. That was the winter of the Blizzard that shut down WNY for months and caused President Carter to declare Buffalo and parts of WNY a disaster area, the first Federal disaster area ever caused by snow. The warmest January on record occurred in 1932 when the average January temperature was 37.2 degrees. December (2008) was the 74th coldest during the 139 years, making it a more or less average month.

During the month of January, not one day hit a record low. For instance, when the temperature hit -3 on January 21, the record cold for that date was -10, recorded in 1985.

Old timers may think of this January as relatively mild, despite its placement in the top 20 coldest of all time. Those of us under the age of 30 have never experienced a January this cold. Five of the coldest recorded months occurred more than 60 years ago. The coldest temperature ever recorded by the weather service in Buffalo occurred in January of 1961 when the thermometer hit -21. Hard to say what the temperature was in Sardinia. Those that have witnessed many WNY winters know that there have certainly been worse, certainly been better, and that each year brings with it new surprises.

Back then it was tough to even travel in the winter. The train was the more reliable source of transportation and the roads to Olean, Springville, and Buffalo were often not open at all during the winter, prior to the 1930’s.

Public Information Meetings on Fireman's Awards Packages

2009-01-22T16:24:00.006-05:00

January 22, 2009

(Image at left is of Chaffee Sardinia Fire Company volunteers responding to RT 16 fire in Chaffee early in January. The fire was a mutual aid event involving the Holland, Springville, Arcade, East Concord, Yorkshire, Delevan, and Chaffee Sardinia Volunteer Fire Companies.)

Special UPDATE Tuesday January 27

The Chaffee Sardinia Volunteer Fire Department has posted on their website a series of "Frequently Asked Questions" and answers regarding the Length of Service Award Program.

We hope that you will take the opportunity to look at this resource.

Chaffee Sardinia Fire Company Website:

http://csfire.org/LOSAP.htm

Don't Forget:

Thursday February 5, 7 p m.

Saturday February 7, 10 a.m.

Sardinia Community Center, Savage Road

These public information sessions will give everyone a chance to ask questions, get answers, and make decisions. Come and talk to firemen and fire company officials, town officials, and representatives of the Award Program management team. This is your best chance to get the truth!

For more information see the post, "Support the Fireman Award Program at the February 24 Referendum" from January 5 (Posted below)

The Standard Is Pro-Business and Stands-up for the Community.

2009-01-22T15:07:00.006-05:00

January 22, 2009, updated Feburary 3

Since our inception the Standard has loudly and proudly advocated for local business and promoted community. We have advocated for local farmers, informed decision making, and open and responsible government. One of our underlying motivations has been the promotion of a local economy and appropriate economic development. We think that this is good for business and good for our community.

A less public story, but one which we think must be told, involves those that do not like or appreciate what the Sardinia Standard has stood for. The paper and those associated with it have been targeted as part of an aggressive and sometimes anonymous campaign. This campaign has tried to characterize us as a one sided “radical” newspaper. The malicious and unfounded accusations have targeted our writers, our advertisers, and our supporters. This is bad for business, and bad for our community.

One of the accusations that surfaces from one known individual is that the paper is little more than “Yellow Journalism”. Yellow Journalism is defined as writing that is exploitative, sensational, distorted, and misleading. The term comes from a late 19th century venture by William Randolph Hearst and his promotion of the 1898 Spanish American War. Hearst, who was famously portrayed by Orson Welles in the 1941 film Citizen Kane, acquired newspapers used the press to proclaim supporters of that war to be patriotic and those opposed as traitors. Hearst’s propaganda proved valuable and Hearst profited handsomely. The cost of the war in human life and turmoil was of no concern to him.

We do not feel that we are radical, or that we engage in Yellow Journalism. Our only profit is to see our community progress in troubled times. We think that is important. We challenge anyone to give one example in any edition or article of this paper, past or present that does not seek to tell the truth and report the facts.

Of course the truth and the facts may be inconvenient to some of our neighbors. Which we assume is why the high energy assaults continue more or less unabated. A couple of years ago, several individuals including Kathy Balus who later became Supervisor of Sardinia, felt that the other local newspapers-i.e. the Arcade Herald and the Springville Journal, were one sided, and not telling the whole stories on a variety of issues. In July of 2006 several of them started this newspaper venture. The issues facing our community then were as complex and mind numbing as they are now. The Standard stood up to try to bring honest dialogue to the residents and businesses of the community. For instance, the Waste Management Landfill Host Agreement was viewed by many as having been negotiated behind closed doors. This bred suspicion which turned to real concern. Many feel that it is not the best deal we could and should have. Rightly or wrongly, lots of people in our community were upset. Some felt that the Arcade Herald was not giving voice to these concerns. Some felt that the Arcade Herald was in fact complicit with a point of view that did not reflect either objective journalism, or open government. Apparently a majority of citizens in Sardinia agreed. After the Standard began publishing, an election was held, and Kathy Balus, an advocate of government transparency was elected Supervisor.

The Sardinia Standard is not, as some proclaim, just a Kathy Balus political vehicle. But we do support much of what she stands for. The Standard is not anti-Waste Management. We recognize that there is value in a positive relationship between the company and the Town. We are keenly aware of Waste Management’s political and business strategies. We know how it uses its influence, some of its hired help, and cash contributions to promote its best interests in Sardinia. WM was the single largest contributor to the Sardinia Republican Committee last year, giving $6,000 according to publicly released disclosure forms. They have a right to do that. And you have a right to know that they did it.

We recognize that there is value to the kind of technology that is utilized as state of the art by WM. We recognize that WM has marketed their commitment to doing the best that it can for the environment. We recognize that a land fill by its very nature can do a lot of damage to local environment. We appreciate that WM has made environment an important issue.

We recognize that the Co-Gen operation, which creates energy out of toxic landfill gasses, is considered a best practice. We also recognize that WM provides jobs. This is good.

We have our criticisms. We do not think that they are radical. We think that it would be better if the people that work there got paid more. One of the best investments in a community is better pay.
We do not think that the WM Host Community Agreement (HCA) with the Town is the best deal that the community could have. We think that it is seriously flawed. The current HCA can be terminated at any time by WM. Other communities have negotiated less radical termination clauses. Some even call for payments to continue for years after closure. The landfill won’t be going anywhere, even when the company moves on. It can’t expand forever, can it? What will be left to the community? Under this HCA, Sardinia and its taxpayers are left holding what could prove to be a very expensive bag for generations.

The Co-Gen agreement calls for payments to the town based on continued landfill deposits. This is incentive for the Town to allow the landfill to expand indefinitely. Town incentives for expansion are in WM’s best interest. We are not sure that it is in the best interests of Sardinia. This is a debatable issue. We could be wrong. But we will hold the concept up to the light of day.

The Co-Gen plant will produce energy for a hundred years after WM closes and no longer is accepting material or paying Sardinia anything. Why don’t we tie payments to the Town to the long term generation of power rather than the potentially short termed filling of the landfill?

We are also very keenly aware of the potentially ethically challenged deals that some of our Town Officials, past and present, attempt to impose. We need an ethics law.

We are very critical of the recent Gernatt zoning variance that was granted by the Sardinia ZBA. We see a possible conflict of interests between the former Chair of the ZBA, Mike Hannon, who is in the gravel business, who is also chair of the local Republican Committee, who is also husband of newly elected Town Councilman Mary Hannon, and the decision to grant a variance by the ZBA. Zoning decisions are at the heart of the Waste Management and Gernatt controversies and lawsuits. We strongly believe that zoning is the provenance of the people of the community and not the private gated playground of the connected and powerful. Is that radical? Or is that the law?

The Standard is a supporter of Kathy Balus and her so far successful attempts to shine a light on government, ethics, and closed door decision making. She advocates public participation, volunteerism, hard work, and recognizes the importance of appropriate and transparent zoning and planning decisions. She believes that Sardinia has a bright future. She knows that we need to improve our infrastructure and tighten up our fiscal and operational policies. This is good for our community. We like her and think her leadership is good for Sardinia.

We think that these critically important issues should be discussed and decided in an atmosphere of informed decision making. We advocate scrutiny, participation, and cooperation. We feel that the Sardinia Standard has been an important vehicle to help inform our community and we thank our friends and supporters.

Tanner Krist Photo

2009-01-22T14:16:00.003-05:00

January 22, 2009

Tanner Krist at the December 2007 Town of Sardinia Christmas Tree lighting ceremony.

January Disclosures Show Sardinia Republican Committee $814.31 in the Hole

2009-01-22T08:19:00.004-05:00

January 22, 2009

The New York State Board of Elections requires that political committee's file periodic disclosure statements regarding contributions and expenses. Just released January 2009 disclosures reveal that the Sardinia Republican Party, Chaired by Mike Hannon, husband of newly elected Town Board Member Mary Hannon had two expenses covered by the filing period-$250 as a "Service Award" for the Little Country Store, and $648.91 as a legal expense owed to Schroder, Joseph, and Associates. The disclosure statement showed a fund balance of negative -$814.31 for the Sardinia Republican Committee. The Sardinia Standard thinks that Sardinia Republicans should know about this.

Schroder, Joseph, and Associates are the law firm hired by the Town of Sardinia Zoning Board of Appeals, until last week also Chaired by Mike Hannon. The firm was hired to represent and guide the ZBA during the last two years process in which the ZBA voted to give Gernatt Asphalt a Zoning Variance to mine the long contested Gabel Thomas site on Genesee Road and Rt 16. The firm has been subsequently retained by the ZBA to defend its actions. The Town of Sardinia is suing the ZBA, on the basis that the ZBA acted improperly in granting the zoning variance.

The Chaffee Sardinia Democratic Committee, and Sardinia 1st January filings indicated "no activity" for the period.

Who Doesnt Love the Power of the Press

2009-01-21T14:08:00.005-05:00

Updated February 5, 2009

January 21, 2009

Late last year, just after the November election, some of us took a brief sigh of relief when the Arcade Herald announced boldly that they were sick of printing articles and letters about Sardinia politics. They went on to say that from then on, they would not. We were pleased given the fact that the Arcade Herald is one of two officially designated “official” newspapers of the Town of Sardinia, the other being the Springville Journal. We don’t think that official Town newspapers should engage in political mud slinging.

“Official” means they receive advertising revenue from the town regarding events, meetings, announcements, and public notices that require publication. There is a lot of taxpayer money spent there! We think that at the least these papers could strive for more objectivity in order to serve the interests of the citizens. They should at least check the facts of the many malicious letters to the editor that they publish.

In January, the Arcade Herald sunk into the muck again. We were shocked, just shocked, to discover in the January 8 edition of the Herald, another political attack letter, signed by the acerbic Clint Salmon. Clint is a town gossip and pot stirrer. Maybe the Herald is hard up for copy but he seems to get all of his political smears published.

This time, Salmon attacks the Chaffee Sardinia Fireman’s Award Program which Sardinia residents will get to vote for or against in a special referendum on February 24. He has a right to oppose the program and to speak out. But he should try to get his facts straight. Which he hardly ever does. Doesn’t the Herald at least have an obligation to Sardinia to insure that he does? In this letter he says that “5 of the 44 Chaffee Sardinia Volunteer Fire Company members will be eligible for a lump sum cash payment of $19,000 on their retirement date of January 1, 2010.” He goes on; “Through the years on their individual retirement dates, the other firemen will receive from $20,000 to $64,000 each.” This just is not true. According to the easily reachable Danny Heinemann, President of the fire company,” there are no provisions for a lump sum payment with this plan”. Period. End of story. Salmon, you have misled the community, again.

In the January 15 Arcade Herald, Judy Kessler-Rix editorialized about the Town of Sardinia Town Board, the Fireman’s Service Award, and makes a plea for the Town Board in Sardinia to find a way to get along. That is a good idea and we have advocated it ourselves. We hope that she holds all of the board members accountable, but we have our doubts.

She then accuses the Board of “hoarding” the nearly $3 million fund balance that it currently enjoys and that Balus recently announced. That must be Kessler-Rix’s attempt to get board members to get along and support Supervisor Balus. Balus has been talking almost since the day that she took office about putting the towns fund balance to better use. We hope that Kessler-Rid is genuine and that she will find a way to advocate for Balus’s many ideas to use the money. Balus does not exactly keep her thoughts on this a secret. (See above editorial relative to infrastructure improvements!)

Then Kessler-Rix repeats the misinformation about the lump sum payments that was the rotting meat of Salmons letter. I guess she thinks that the information came from someone that is a “knowledgeable source”. Unfortunately the source isn’t informed and her repeating of his disinformation exposes the Herald’s lack of credibility.

The January 22 edition of the Herald does it again. This time, Salmon’s tag team partner Robert Church gets his letter to the editor published -which restates the lies about the lump sum payments. Wow. Now we have a three week campaign, in the Herald, against the Fire Company’s Award Program. Then, and this is really remarkable that the Herald would print this part- Church goes on to say that anonymous members of the Chaffee Sardinia Fire Company have been “using scare tactics such as: if you don’t vote for this new policy in the upcoming referendum, the fire company may not service you.”

Really? Anonymous members of the fire department? Come on Mr. Church. Your scare tactic is rather transparent-Of course the people of Sardinia are safe. Even if the fire company could determine how someone votes in the privacy of a voting booth it is not credible that a first responder would not respond. Do people really believe your yellow rumors even if they are printed in the Herald or Journal? The men and women of the Chaffee Sardinia Volunteer Fire Department just like members of volunteer fire companies all over this nation are dedicated to public service and the protection of life and property. The mean spirited, vindictive, hate filled, and punitive thinking that you accuse the firemen of in your letter doesn’t exist. Stop spreading hate. And guess what? If you need rescue there is not one person in the fire department that would hesitate for a heartbeat to save you, even if it meant risking their own life. And it doesn’t matter if you vote for the program or against it, you, and we, are safe.

Let’s take this one step further Mr. Church. Name names and stop hiding behind the coward’s cloak of anonimity that you and your ilk use to sell this BS. Tell us who in the fire department said this, if anyone really did.

Kessler-Rix has every right to wax her readers with her earnest appearing opinions. And the Herald has every right to publish whatever letters that they deem appropriate. But she must realize that it is her paper and her editorial choices that have allowed letters from the likes of Salmon and Church and a small but dedicated group of angry and vested political soldiers to pervert any real dialogue or progress in Sardinia.

For instance, despite what you have read in the Herald from Salmon and Church, just this past year-Kathy Balus hasn't raised anyone’s taxes, she hasn't “spent all the money”, she hasn't re-valed any ones property, she isn't using the Supervisors job as a "stepping stone to higher office", she isn't hiding the money and her secretary hasn’t gone to jail for stealing money. The Herald should be ashamed to publish these gossipy and always wrong rumors. This political quackery spreads not cooperation and friendship, but instead division, distrust, hatred, and inanity.

We are sure that the next wave of attacks will be aimed at the Standard. And we are prepared. Maybe Salmon will stand up at the Town Board meeting and give us another spiel about the soundness of his health, the value of his service, and the evil intentions of all those that disagree with him. Maybe the Herald or the Journal will once again publish the home address of the editor of this paper, or a photo of the Sardinia Supervisors license plate in one of the letters to the editor or in one of those misdirecting political ads that Gernnatt Asphalt buys.

Ironically, or cynically, the Herald has stood in the way of the kind of future, development, and infrastructure improvements and progress for Sardinia that Kessler-Rix advocates in her January 15 editorial. By publishing unsubstantiated rumors, untruths, and malicious paid advertisements, this “official” Town of Sardinia newspaper has meddled in the politics of Sardinia. This is bad for local business. This harms our communities. The Arcade Herald diminishes us. It is a crying shame. Certainly Ms. Kessler-Rix and her newspaper has some splainen to do if she expects to help to heal the real deep divisions that they have helped to create in Sardinia.

Tanner Krist Doing Well

2009-01-21T13:31:00.003-05:00

Janaury 21, 2009

Tanner Krist and his family returned from Pittsburg's Childrens Hospital the first week of January. All reports are that both Tanner, and his donor mother are doing well! Tanner, as you may recall, recieved his second kidney transplant just before Christmas. Tanner, who is 7 years old, and has been featured on the pages of the Sardinia Standard a few times, was born with kidney disease. His first kidney, donated by his father Matt, failed after 14 months. The news is so good that it is possible that Tanner will be returning to school in February! Congratulations Tanner, a lot of people are thinking about you and pulling for you.

January Sardinia Town Board Meeting sets the Stage for an Interesting Year

2009-01-20T09:53:00.001-05:00

January 15, 2009

-Councilman Phelps Threatened
-Town Clerk Betsy Marsh Given a Raise
-Dave Malachowski Appointed Chair of the ZBA
-Robert Church, Not Reappointed

Last nights Town Board meeting at the Community Center was an action packed event that provided a number of interesting developments for the Town of Sardinia

The first part of the meeting was the annual re-organizational meeting, in which such things as annual budget, Board committee’s, and policies and procedures are established.

Councilman Heather Phelps began the meeting by announcing that she had very recently received threatening letters regarding her Town Board votes and actions, aimed at both her family and her employment. She provided little detail except to say that they were anonymous and ugly and sent by a gutless person or persons.

This community is used to these kinds of attacks as many elected officials, including Deputy Supervisor Ron Kenyon, Supervisor Kathy Balus, and the editor of this paper have been the targets of anonymous and threatening letters and phone calls. We do believe that there are those out there that pose a real threat to public figures in this community. We are sickened by this, sickened by those that hide them, and hope that in the near future, whoever is responsible will be held fully accountable.

Hannons Demand and Get Raise for Betsy Marsh
The annual reorganizational meeting takes place after the end of the year meeting, which takes place after the towns fiscal budget is adopted, which takes place after a series of meetings and work sessions, including a public hearing, which takes place after the hard work of drafting a budget occurs. This all took place this year beginning several months ago. At this reorganizational meeting, held last night, the very first action of Mary Hannon, was to interrupt the meeting and demand that the budget be reopened, and that Town Clerk Betsy Marsh be given a raise of about $5,000 a year, or an approximately 20% raise, as a stipend to cover medical expenses. Supervisor Balus asked Mary Hannon why she had not brought this up prior to this meeting, for instance during the past 6 months, or prior to the public hearing, when the budget was in process and the public and the whole board had some involvement in thoughtful decionmaking. Ms. Hannon explained that the Sardinia Clerks rate of pay was not commensurate with other clerks in other communities and pointed to a stack of papers she described as “her study.” Balus and others on the Board indicated that they felt that the Clerk should certainly be paid fairly, that Marsh was a good clerk, but that this was a discussion that should have taken place prior to this meeting so that more time could be spent analyzing the figures that Councilman Hannon was presenting. Balus said that she was not aware that a pay raise for Betsy Marsh was an issue and that this last second request is “unusual.” After some discussion, a motion was made to raise Marsh’s rate of pay with Phelps, Hannon, and Montgomery voting in favor, and Uhteg and Balus voting against.

----

Montgomery and Friends Still Going After Kenyon
Councilman David Montgomery made a motion to reduce the Deputy Supervisors (former Councilmember Ron Kenyon) annual stipend from $546.00 to $50.00. “He doesn’t do much anyway.” stated Montgomery. Balus explained that the Deputy Supervisor is always on call, handles a couple of Town Board meetings each year, and had to be constantly up to speed on a number of projects and issues. “Ron Kenyon works hard as my Deputy and has a couple of years of experience, and I trust him and I know that he knows the ins and outs of this critical job” said Balus. The motion to reduce Kenyon’s stipend was seconded by Hannon and was defeated by a 3-2 vote.

--------

Dave Malachowski New Zoning Board of Appeals Chair
Yes you are reading this correctly. Former Town Board member and long time and well known community advocate David Malachowski was appointed to the Town of Sardinia Zoning Board of Appeals, replacing Lewis Markel, whose term recently expired. Mary Hannon, whose husband Mike Hannon has been the controversial Chair of the ZBA raised several objections at one point stating, “I don’t know Dave Malachowski, how can we vote for him?” Supervisor Balus interjected: “He applied for the job and I provided you with his resume.” After a series of exchanges and motions Malachowski was appointed by a vote of 3-2 (Balus, Phelps, Uhteg yea, Montgomery, Hannon, nay)

Next Supervisor Balus stated that the Town Attorney, Tony DiFillipo has confirmed that the Town Board has the job of “appointing the ZBA Chair” and that she was recommending that Dave Malachowski be appointed as the Chair, replacing Mike Hannon. Mary Hannon objected vigorously and a series of exchanges and motions took placed characterized by Mary Hannon and Dave Montgomery exchanging glances and nods with Mike Hannon, who is also the Chair of the Sardinia Republican Committee. “It seems like you may have a conflict of interest with this vote” stated Supervisor Balus to Mary Hannon at one point during the exchanges. A vote was called for and Dave Malachowski was appointed new chair of the ZBA by the same 3-2 vote that confirmed him as a member.

Mary Hannon wanted to re-appoint Robert Church to the Town of Sardinia Planning Board and made a motion to do so that was defeated 3-2. Hannon and Montegomery voted to re-appoint while Balus, Uhteg, and Phelps voted no.

There were a lot of other issues and actions taken at last nights Board meeting, but you will have to ask someone that was there, or wait until the next issue of the Standard comes out to get the details. If you get a chance, make sure to attend the next Town Board meeting-Wednesday Feb 11, 730pm

Buy Local

2009-01-20T09:44:00.000-05:00

January 5, 2009

The global economic shakeup is coming to a town near you. The Wall Street Ponzi schemes, the enormous mismanagement of our industrial base, the blindfolds that government has worn while politicians and bureaucrats hold out tin cups to the thieves all have serious local consequences. The foxes guarding the henhouses, you should have no doubt, have put us in the crosshairs.

The recession, and probably an onrushing depression, is here. Despite the fact that WNY has witnessed tremendous job losses for almost a generation, it is going to get worse. Government and the private sector are scrambling to keep from drowning in a sea of red ink. Whether or not NYS gets a federal bailout as Governor Paterson has requested will not stop the fact that things are going to be much different for quite a while. We don’t want to be overly pessimistic, but it doesn’t look good. Today, as we try to celebrate the New Year, we are witnessing many of our local important businesses struggling to stay alive. Some are loosing that battle.

But there is hope. As we have said frequently on these pages, the single most important way to guarantee a sustainable future is to understand, plan for, and invest in local economy. Money that stays local, instead of being extracted and sent into the vast black hole of global instability that has little need or concern for local quality of life, will make us stronger. Local economic strength is the backbone of our security as a region and a nation. A local economy will improve our quality of life. A strong local economy is the underpinning of planning for and investing in a future that works.

You can contribute by spending when you can on local business. These are important investments in our areas future. Spend your dollars wisely at local merchants, restaurants, shops, and farm markets. Seek out locally produced and delivered goods and services. This year, as we all struggle economically, it may be a smart choice to vacation locally. We have some of the best outdoor opportunities in the nation. Even as we seek to market these venues to the outside world, we can help to sustain ourselves by taking advantage of these terrific resources. Our economic choices are actions that have consequences. A dollar spent on a local business has a much better chance of continuing to circulate in the local economy. That dollar will support local jobs, help to pay local taxes, help pay local mortgages, help support local schools and hospitals, help contribute to local infrastructure improvements. Simply put, local dollars help improve quality of life. Our choices affect our security and future.

Support the Fireman Award Program at the February 24 referendum

2009-01-20T09:42:00.000-05:00

January 5, 2009
Sardinia Town Councilmember Norm Uhteg said it just right when he responded to new Councilman Dave Montgomery at the December 30 end of the year Town Board meeting. Montgomery had been arguing against the Board voting to send the proposed Fireman Service Award Program to the public for a vote on February 24. “I would rather see this money go back to the taxpayer” he said. Uhteg looked Montgomery in the eye and said emphatically, “This money is going back to the taxpayer”

Many of us realize, and we at the Standard are sure that Montgomery, himself a volunteer fireman in Arcade, that the services of the Chaffee Sardinia Volunteer Fire Company are some of the most critical services that a community has. Volunteer Fireman work on call, all hours, risk their lives, sacrifice family time, and save lives, property, and promote a safe community. Sadly in this day and age, volunteerism, especially in a rigorous and time consuming job such as a volunteer fireman, is on the wane. The future can take on a bleak look. Sardinia is down to 44 volunteers, and not many young people are stepping up to the plate. The Service Award Program, authorized by NYS, will provide some pension benefits to fire company volunteers that meet certain criteria including years of service. It won’t be much, and it won’t cost the Town much. It will provide incentives to existing fireman to remain as volunteers. Hopefully it will help to recruit new volunteers. Increased membership is a solid goal of the program. More members will not cost the town much money. Considering the benefits that Town residents and businesses receive from the life and property saving services rendered by the Chaffee-Sardinia Volunteer Fire Company we believe that this is an important investment that will pay dividends for years to come. After over a year of review and consideration the Town Board has decided that we can afford it, and we agree. We urge you will come out and vote in favor of this important benefits package.

New Additions To the Town Board in Sardinia

2009-01-20T09:35:00.001-05:00

January 5, 2009

The final election results from the November 2008 election were not available at the time that the Standard went to press in December. They are now and we would like to congratulate Mary Hannon who will fill the one year unexpired term of resigned councilman Matt Mumbaugh, and David Montgomery who will fill the unexpired term of the late Ann Bean. Montgomery was seated at the regular Town Board meeting of December 8, just after the election was officially certified. Hannon, who is faced with running for reelection next November, took office on January 1.

The year 2008 was a very productive year for the Town Board as all members found ways to work together. We hope that the new members can find ways to continue this approach. Both Hannon and Montgomery have indicated publically that they wish to do this. The new Town Board, which consists of Supervisor Balus, Norm Uhteg, Heather Phelps, Montgomery, and Hannon, has a lot of work ahead of it. Fortunately, Balus, Phelps, and Uhteg, all strong minded, independent, smart, and effective leaders, have served Sardinia magnificently with good ideas and by finding ways to work together.

Unfortunately, the election campaign was marred once again by what can only be called rancid political tricks and smears. As many of our readers know, anonymous letters were circulated throughout the town, -the so called “Taxpayer Newsletters” which spread deceit and untruths on behalf of Hannon and Montgomery. In addition there was a last minute letter that was designed to look as if it came from Town Supervisor Balus. That letter portrayed her in an unflattering and untruthful way. The letter was reminiscent of one sent in a prior election purporting to come from Town Board Candidate Bob Kaiser. That letter, which like the Balus letter did not come from the identified source, portrayed him in an ugly light. He ended up loosing the election by a handful of votes. These letters are shameful, disgusting, and in our opinion, harmful to the community. Political smears should not be tolerated at any level. Lies do not lead to good decision making or effective leadership. Progress and accomplishment is at stake. But they seem to have worked in getting candidates elected. This does not bode well. The source of these letters has not been revealed publically, but we are sure that those behind them will eventually be exposed.

Leadership is Important

2009-01-20T09:28:00.002-05:00

January 5, 2009
It appears to us that Sardinia Town Supervisor Kathy Balus has been especially graceful in the aftermath of the Town Board election in which the two candidates that she endorsed, Ron Kenyon and Chuck Tobin, lost. She has genuinely welcomed the two new Town Board members and has worked hard to make sure that they are up to speed on issues and have materials and information that they need and or request in order to best serve the residents and voters of the Town of Sardinia. Given the nasty tone of the election campaign and the scathing personal attacks that characterized Montgomery and Hanno’s campaigns, it may come as a surprise to some that Balus can be so professionally level headed and personally giving. But those that know her are not surprised. Her personal confidence and genuine concern for the interests of the people of Sardinia combined with her professional approach to work and governance is a Balus trademark. She serves and leads the Town well at a very difficult time.

Clearly Supervisor Balus has not worked in a vacuum. The character of other Town Board members is consequential. That is a given. And so is the basic fact that leadership is important. Balus is the right leader at the right time for Sardinia.

One of Balus’s best traits is her ability to work with others and to inspire leadership and participation. Her willingness and openness with the Town Board has been reciprocated in spades. She, and we the taxpayers and voters have been rewarded with Town Board member’s investment in diligence, preparation, and work sessions. This commitment has generated both a professional attitude and approach to often complex and demanding issues.

Since taking office she has worked hard to ensure that all voices on the Town Board and that residents voices are heard. She has worked hard to make sure that decision-making takes place, not in the back rooms, but in the light of public scrutiny and participation. Her fiscal approach is sound and accountable. She has worked to make sure that the bookkeeping and record keeping of the town’s finances are conducted professionally, above board, and are open and available to the public. She responded promptly to an audit of town records by NYS, and proposed and implemented remedies to problems identified. She initiated an audit of Waste Management payments made to the Town under the Host Community Agreement which has exposed some payment mistakes by WM. This has saved the town money and created an important precedent regarding accountability. Waste Management, to its credit, has been cooperative and responsive. She has worked to bring better summer youth and recreational programs with responsible staffing and scheduling; worked to restore and repair essential public resources including the Town Parks, and the Old Town Hall; worked to modernize the phone and computer systems used by Sardinia Town officials and the Sardinia Courts; worked to find new funding to plan and build sidewalks in Chaffee and with the County to insure paving and infrastructure improvements on County roads. She has worked to upgrade the Town pool facilities in Veterans Park; conserve public records and other documents that have been deteriorating in poor conditions in the basement of the Community Center. She has worked to bring events to residents including Labor Day in the Park, Earth Day, Summer Concerts, and to make events such as the Senior Flu Clinic non political. (This year it was held after the election, not before). She works hard to make sure that the public’s interests are represented in important issues such as Planning Board and Zoning Board of Appeals membership, policies, and initiatives. She has honed in like a laser beam on pushing public scrutiny and day light on approaches to new water district concepts, Planning Board funding and disbursements, and the granting of zoning variances for such projects as the Gernatt Gravel Mine in the center of the RT 16 corridor. She has worked with organizations such as the Sardinia Historical Society, the American Legion, and the Chaffee Sardinia Volunteer Fire Department to recruit membership, strengthen programs, and help chart a proactive course for the future. She has made new hires, new appointments, promoted volunteerism, and re-appointed a long dormant ethics panel for the Town.

Kathy Balus is an unusual public servant. She lives the job of Supervisor 24/7. This means a good deal of personal sacrifice. She often struggles to balance the needs and love of family with the relentless exactness of leadership. She doesn’t work for the money, doesn’t demand power. She works for the betterment of the community, and in this she is tireless and driven. She listens to people. She acts. She has fulfilled her original campaign pledges to bring new ethical and professional standards to Sardinia government and to expose decision making to the candle of public scrutiny. She has made internal, infrastructure and public space improvements. And she has diligently safeguarded the Town bank accounts. Because of her, and because of the relationships that she has crafted, Sardinia a better place to work, to invest, and to live. Because of Balus, Sardinia has an opportunity for a better future. She has demonstrated that she has the political will and personal graciousness to continue to make good things happen.

Chaffee Sardinia Volunteer Fire Responds as Part of Mutual Aid Fire

2009-01-19T11:08:00.005-05:00