letters to the editor/opinion

Murray resident says current town officials run lean, cost-effective operation

Posted 5 November 2017 at 4:16 pm

Editor:

I do not that like politics. I do not like campaigning. However, I feel so strongly about the election for Supervisor in the Town of Murray, that I have been doing exactly that – campaigning for Bob Miller.

Bob Miller has spent his career serving the public and now that he has retired, he would like to continue to do so. He is honest and hard working. If he doesn’t know an answer, he will find it out. Since the day he became a Town Board member, he has been at the Town Hall asking questions, doing research. He does not hesitate to challenge ideas he does not agree with. He is honest and abides by the law. That is the kind of person that I would like to represent our Town.

This is a race for Supervisor. It is not a race against the Code Enforcement Officer. Despite what some have been told, the Supervisor does not have the final say, but is the deciding vote in the case of a tie.

The Supervisor cannot get rid of the Code Enforcement Officer for doing “too much” of his job. Ron Vendetti is simply enforcing the codes per NYS regulations. It is not selective enforcing. I have gotten a violation for an unlicensed car in my driveway; my daughter has gotten a violation for not bringing in garbage cans. Did I like it?  No, but it is the law. For every person that does not like these laws, there is a neighbor who appreciates them.

In regard to the criticisms about our water districts, the operating and maintenance charge for each district is based upon how many units in the district, as well as how many feet the water district is. That is why some districts pay more than others. If you have a larger district in feet (more to maintain), but have fewer properties paying on it (less units to pay that cost), it will be more expensive. It is not illegal to charge it this way and I believe it is the fairest way.

To have residents pay, based solely upon how much water they use, is not fair. Water districts benefit everyone and add value to your property, whether you are connected or not. It makes sense that everyone should pay to maintain them. After all the criticism about the water department, at a public hearing on the budgets for the water districts this past week, only two residents attended, including Mr. Sidonio. He had no questions and no comments. The entire Board, Water Superintendent, and our accountants were there. He only asks questions about water when there is no one present who can rebut his statements with the facts.

As for the Comptroller’s Audit Report, it is hardly “scathing.” Look for yourself at the entire report online, at the key findings and key recommendations. The Town did not keep a separate bank account for capital projects.  However, there are no funds unaccounted for and our accounting system kept track of all expenditures.  Recommendations to improve procedures have been followed.

The Town Board is not blindly taxing and spending! Last year, the Town Board invited a Citizen’s Budget Group, including supporters of Mr. Sidonio, to sit in on budget planning last year. Nothing to hide. They stated that our budget is lean and did not know where cuts could be made. Our tax rate went down last year and is staying the same next year. There is no spending to be “reined in.” It is easy to say you will cut spending, but I haven’t heard where, specifically, Mr. Sidonio will make cuts? What services will we lose?

Bottom line is that our Board has done a great job. I see firsthand how hard they work to keep taxes reasonable and how much time and thought goes into putting together our budget. There is no extravagance here. They are all taxpayers too, working hard for everyone.

Mr. Sidonio wants you to believe that the Murray Town Board and Supervisor are overtaxing you, and therefore, themselves. He throws around words like corruption, unethical, illegal to try to get reactions from people. He says we are the “elite.” Elite? We are farmers, teachers, police officers, laborers, clerks and taxpayers.

I do not believe in tearing other people down unfairly, simply to advance oneself, under the guise of “working for you.” Is this the kind of person we want representing our town? I do not and I am confident the residents in the Town of Murray will see through these tactics.

I respectfully ask that you vote for Bob Miller on Tuesday, November 7, along with Mike Mele and Paul Hendel.

Sincerely,

Louise Passarell

Murray

County Bar Association endorses Church for Judge

Posted 5 November 2017 at 4:04 pm

Editor:

The attorney living in Ontario County and practicing in Monroe County that is running for Orleans County Judge resigned her membership from the Orleans County Bar Association in approximately 2011 and we have not seen her since. She has not practiced in this county since that time. We believe she may have been upset that her boyfriend did not win the election for Orleans County Judge so she decided she did not want to practice here in this county and, simply, left.

As a result, the Orleans County Bar Association knows nothing of her recent experience, community outreach, or ability to serve as the County Judge who wears many hats in this county.

However, we do know that Sandy Church has all the experience, ability, and integrity to serve this community. As such, the Orleans County Bar Association unanimously endorses Sandy Church as Orleans County Judge.

Dana Graber

President of Orleans County Bar Association

Resident questions integrity of candidate for actions with Gaines town business

Posted 5 November 2017 at 3:01 pm

Editor:

So here are two things that bother me about Susan Heard as the potential Gaines Town Clerk:

The first happened several years back, but was so questionable in my mind that it influences my choice for Town Clerk today. In this particular case, the then-Town Clerk (since retired) was part of an independent audit which showed her to be negligent and deceitful in her job. The full report from the audit was presented to the Town Board; the Town Board then had the firm present the summarized report to the public at one of our sparsely attended Town Board meetings. This is how transparency works.

Word spread about the findings of the report and townspeople began to phone the Supervisor to ask why nothing was being done to discipline the then-Town Clerk. Supervisor Culhane addressed these calls and other questions regarding the report’s findings in an open, public Town Board meeting. This is transparency.

The next Town Board meeting was attended by some friends and supporters of the Town Clerk, including Ms. Heard who was at that time (and still is) the County Treasurer; she herself handles many of the County’s finances. She accused the Board of “bullying” the Gaines Clerk when they discussed the issue raised by other residents. This seems to me to be highly improper for one elected official to come out in support of another elected official over a formal report of misconduct.

The second thing is in regards to overlevying of the water bill for some residents. It’s petty, I admit, but leads to a bigger issue of trust and truthfulness. Ms. Heard claims to have discovered the over-levying of some water districts in Gaines (Sept 8: Letters to the Editor, Orleans Hub), but this is not true.

Supervisor Culhane began looking into this after it was brought to her attention at a public Town Board meeting by a resident, Connie Mosher, who questioned a large increase on her tax bill for the water levy. Supervisor Culhane contacted several officials in attempt to correct the situation and though she was one of those people, Ms. Heard was not the original person to bring it to light, as she claimed in her editorial.

Again, small potatoes. But an overall picture has been painted for me of a person who seems to bend the truth for personal advantage, and who seems to have little regard for the significance of supporting someone who had mishandled the public’s trust (and finances) while she herself is in a position of public trust.

Marilynn Miller

Gaines resident and Town Board meeting attendee since 2008

Having choices on Election Day is good for community

Posted 5 November 2017 at 8:50 am

Editor:

Looking at the upcoming election, there are more choices at the local level than I can remember in my 30-plus years as a resident of Orleans county. This is a very good thing for the voters.

We need new faces, new ideas in local politics. If one party, any party, is in power too long there are problems, which is why the Conservative Party Committee will not endorse anyone with more than 12 years in office and we encourage all other parties to follow our lead.

We have endorsed candidates this year that support our values, around controlling spending, in the case of board members and supervisors, upholding the constitution in the case of county judge and job efficiency in the case of town clerks.

In addition these candidates are not tied to the “establishment” which is the very reason we have instituted the 12-year endorsement policy mentioned earlier in this letter.

So please vote in the upcoming election, remembering to vote for those candidates the will best support those issues that you care about.

Ken Longer

Holley

Conservative Party Committee member

Gaines town clerk candidate, the current county treasurer, vows to be watchdog for taxpayers

Posted 5 November 2017 at 8:33 am

Editor:

I would like to address the Town of Gaines residents, taxpayers and voters:

My name is Susan Heard and I am running for Gaines Town Clerk. I have a long history with the Town of Gaines, dating back to 1974 when I became dear friends with former Town Clerk/Assessor Dean Sprague. Through this friendship, I had the pleasure of knowing everyone working in the Town: Town Clerk, Edna Woolston; Highway Superintendent, Cliff Kelly; Assessor, Gerard Morrisey; Tax Collectors, Florence Johnson (and later, Margaret Miles); and Bookkeeper, Doris Kelly.

Each individual left an impression on me as to how a Town should conduct business. Each role was separate and unique. They valued each other’s opinions; they valued the role they played in the smooth operation of the town, and they worked together for the common good for Town residents.  Town Supervisor, Ted Swiercznski, had one of the best, well-run town offices in the County and the Town of Gaines was a shining example of good government.

This is no longer the case. The role of Town Clerk has been stripped of duties that clearly belong to the position. Not because I say so, but because the Law says so. The Town Supervisor believes she is allowed to do whatever she wants, and fails to understand what “segregation of duties” means, as required by the State Comptroller’s Office and Town laws. The Supervisor has written and signed board minutes and resolutions; holds meetings without a clerk present; has been observed making change in the cash drawer; called another Town Clerk while completing a marriage license application; preparing vouchers and vendor rolls for payment; acts like the Clerk’s office is hers; and even interviewed and hired a deputy town clerk…these jobs belong exclusively to the Town Clerk.

The Town of Gaines needs a Town Clerk with a backbone, someone who is not afraid to stand up for right and wrong, legal and illegal, and knows the difference. I have the experience, knowledge and background to set this office back to the way it should be run. My government knowledge and experience is unique and vast: Tax Collector, Deputy County Budget Officer, State and Federal reporting, Banking, Investments, Notary Public, Payroll, Vendor rolls, along with expertise in governmental accounting, auditing, bond issuance, and too much to list. This experience includes Real Property Tax Law, General Municipal Law, County Law, Town Law, Village Law, and one of my favorites: Opinions of the State Comptroller. As well as writing Board resolutions relating to financial matters for more than 25 years, I have been a watchdog of taxpayer money for most of my adult life.

I have worked with every Town Clerk since Elmer Wahl in Albion, Edna Woolston in Gaines, Gordon Lee in Carlton, Larry Brown in Yates, June Stalker in Ridgeway…you name any one of them, covering a 40-year span, I have known and worked with them all! Anyone claiming I don’t know Town Clerk business is sadly mistaken, and may not realize the overlapping of duties between the Town and the County.

Why I am running for Town Clerk? I want to bring my experience, government knowledge and some wisdom (I have learned through the years) to the Town of Gaines. I can assure you, as your elected Town Clerk, I will do the jobs belonging to the Town Clerk, by virtue of Law.

Gaines voters, taxpayers and residents know me, know my family, knew my in-laws, know my work record, know my work ethic, have trusted me to be their watchdog, and know I will stand up against bullies on their behalf.

Public service is rewarding, helping people, knowing the right thing to do, the right thing to say, and my record speaks for itself. Clean audits. Good budgets.  Great people skills.  And I know, my old friend, Dean Sprague, will be rooting for me (from above) to follow in his footsteps.

Please vote November 7th at the Gaines Town Hall.  I would be honored to have your vote. Thank you very much.

Susan Heard

Candidate for town clerk endorsed by the Republican, Democratic and Independence Parties

Sidonio would work hard for all Murray residents

Posted 5 November 2017 at 8:10 am

Editor:

After talking to Joe Sidonio many, many times, I want everyone in the town of Murray to know one thing for absolutely sure: He wants everyone to have a voice!

So it doesn’t matter whether you are a Republican, Democrat, Conservative, Independent, Libertarian, or whatever – Joe will see you have a voice. Not only will you have a voice, but what you have to say will be brought into deep consideration. He strongly believes in a couple of old sayings: the more we pull together the stronger we will be, and everyone is important!

Let’s do ourselves a favor on November 7th and come out and vote for Joe Sidonio! Remember our town is a business, and it takes a successful buisnessman to run it. Joe is that man!

David Piedmonte

Holley

Krull has been a huge asset for Carlton as highway superintendent

Posted 5 November 2017 at 7:33 am

Editor:

I would like to ask Carlton voters to support the current Highway Superintendent, Dave Krull, on Nov. 7. The turnaround in our town over the last 8 years under his leadership has been remarkable.

His qualifications to continue in this role are exemplary. More has been accomplished with less. The town’s equipment has never been in better shape. Our roads have never been in such good condition. A lot of people have gotten town water down their roads in the last 8 years, all overseen by Dave. He is truly a jack of all trades.

We have been getting more for our tax dollars than we have for a long time. When there’s a job to be done, you can count on Dave to get right on it. Of all the elected officials in our town, none is more passionate about Carlton than Dave. His “can-do” attitude and concern for our entire community is something that we definitely need to keep in our town government. His knowledge of equipment, construction, and cost containment is unparalleled.

He has been a huge asset in the budgeting process. He realizes the need to work within a budget and the need to get the most value for the money we spend, and has taken advantage of any grant opportunities. He fights for the taxpayer, and is the voice for all taxpayers.

The Highway Superintendent position is a vital position to our town and rolling the dice with an unqualified person or someone without any management or leadership experience is not a wise choice.

Please vote for Dave Krull, and keep our town moving forward.

Debbie Wilson

Waterport

Pencille has proven to be a fighter for the community, showing great integrity

Posted 5 November 2017 at 7:27 am

Editor:

I just finished reading the letter written by Andina Barone in which she attacked Shelby Supervisor Write-In Candidate Wendi Pencille. I am literally dumbfounded and angry on so many levels with Ms. Barone’s letter.

That she calls someone like Wendi Pencille a liar and pathological? On the very eve of an election? It is morally reprehensible. And whether you support Houseknecht for Supervisor, or plan to write in Wendi Pencille’s name for Supervisor, you too should be angry. How dare someone malign and mischaracterize a person so many of us know and respect as someone of great integrity?

Maybe you got to know Wendi when you found a bird with a broken wing, and someone told you she was the person to call, because she was a trained wildlife rehabilitator. Maybe you’ve seen her at Board of Education meetings as one of our elected members. Maybe your kids marched together at the Carrier Dome last weekend.

As for Pencille supposedly being a liar for calling herself President of Citizens for Shelby Preservation? And saying it wasn’t a properly registered corporate entity? Hate to break it to you, Ms Barone, but in Shelby, we don’t set up duly registered corporate entities when we do things as a community. In our part of the world, we meet up in places like fire halls and living rooms to brainstorm ways to fight things like 300-plus truck traffic daily on Fletcher Chapel and Route 63 through the swamps.

Here we are, days before an election, and such a letter is published…everyone should be outraged. How dare Ms. Barone?

I know that my neighbors respect both candidates. And they are both respectable, offering differing perspectives. Yet the Supervisor race is an important one, right now in time, because of the very real threat that Frontier Stone poses to our community. Just two weeks ago, they filed in court against Shelby because we dared to pass the Wildlife Overlay District and they think we should not be allowed to do so. In Wendi Pencille, we know for a fact where she stands: ready to fight.

Barone pens a letter that attacks Pencille up one side and down the other, and then ends by asking if she is morally fit for office…it begs the question: Is Barone angrily defending her own quack letter about how great Frontier Stone is? Or is she trying her darnest to swing an election?

Ms. Barone cited her workplace, Mindful Media Group, a couple times in her letter. So I looked it up. Right on the homepage, after the section about developing and enhancing the careers of Oscar, Emmy, and Tony Award members? Here’s what it says:

“Time and again, we have shaped public perception to align with our clients’ strategic plans.”

Shaped public perception? Like we’re going to toss everything we know firsthand about our friend and neighbor because some glitzy PR firm told us to? I think not.

Hey Shelby. Let’s send a great big NOT THIS TIME message to Frontier Stone. Write in Wendi Pencille for Shelby Supervisor. And do so knowing that we have a David in her, and Goliath may as well pack his bags. No matter how much money he throws around, and no matter how many slick lawyers he hires, no matter how dirty he plays.

Sincerely,

Karen L. Jones

Shelby

Musings on courageous Republicans, a president who believes he’s above the law, and other topics

Posted 4 November 2017 at 8:12 pm

Editor:

What follows are some random observations. The reader is certainly free to take exception to any—or all—of them.

A bowling acquaintance observed a few weeks ago that, “They (politicians) are all the same”.  His experience is not mine, and he is entitled to his opinion.  To me, the view he expressed provides cover for abdicating one’s citizenship responsibility.  If one reasons that, “They are all the same”, a “citizen” is absolved from determining who is best for the job.  We have a rationale for tuning out.  Nonetheless, people with a great deal of credibility have said “tuning out” is not an option in a republic.

Consider how similar such excuses are to dismissing any reporting that challenges your thinking as “fake” news.  If difficult to comprehend devastation in Puerto Rico was actually the product of cherry-picked aerial photos and “fake” news, we can dismiss it as just that—“fake news”.

Please understand this. Some people actually do think of themselves as above the law. Revealing tax returns is for lesser beings. Paying contractors who did millions of dollars worth of work for you in Atlantic City is for “losers”. Groping women–according to one prominent “business” man–is apparently not a problem when you have attained sufficient stature.

Take this to the bank: history will portray John McCain, Jeff Flake, and Bob Corker as leaders who displayed exceptional courage.

As I recall, it was Kansas Republican Senator Bob Dole who nagged Bill Clinton to address Bosnian genocide. That WWII veteran’s commitment to the inconvenient truth led to the Dayton Accords and the war crimes tribunal at The Hague that brought Ratko Mladic and Radovan Karadzic to justice. Perhaps Dole was delusional, but he didn’t think the fact that the perps were ostensibly “Christians” and the victims were Muslims mattered.

The October 29th “60 Minutes” segment on master forger Adolfo Kaminsky’s Herculean efforts to save thousands of Jews from Nazi death camps was—to me—inspirational.

A recent letter to the editor bestowed a new title on me. I guess what it said was flattering, though probably undeserved. My problem isn’t with my former student and retired State Trooper.  Joe Sidonio–to me–is a stronger candidate.

County Legislature candidates Ken DeRoller, Fred Miller, and John DeFillips have no opponents, but are worthy of public support in my view. Once again, I firmly believe Al Capurso deserves our votes as well.

For those who missed their “opportunity” to cut cabbage Sunday morning in the rain and balmy 40-degree weather, don’t worry.  Some shorter people who didn’t have to bend over too far got it done in spite of the mud and somewhat less than ideal conditions. (I have seen worse.) If you haven’t enjoyed the cabbage harvest experience, you do not know what you are missing. Those who think sauerkraut comes from a store might benefit from checking with those who have depended on border area farm labor for at least five decades that I can personally attest to.

My close childhood buddy, George Fischer, tripped a booby trap in Vietnam and arrived home in Holley “closed casket”.  Not only did George not care whether our Kendall Cubs center fielder was Black, he didn’t care whether those who had his back in Vietnam were Puerto Rican.

When most people of my ancient vintage heard “Fats” Domino perform, we really didn’t give a rat’s ass what color he was.

After listening to third generation bee keeper and outstanding former student Jim Doan’s presentation to the Orleans Bluebird Society, our non-profit has decided not to spray any of the white dogwoods we planted in the Village of Albion with a product containing imadicloprid.

Finally, those in a persistent state of denial might want to read Connie Schultz’ column in the 10/30 Batavia Daily News.

Sincerely yours,

Gary Kent

Albion

Attorney says Sanford Church would bring tireless dedication in role of county judge

Posted 4 November 2017 at 4:23 pm

Editor:

I am writing to give my whole-hearted endorsement to Sanford Church, Esq. for County Court Judge in Orleans County.

As an attorney who represents clients in family and supreme courts in Orleans County, I have tried and settled hundreds of cases in which Mr. Church was either the attorney for the children or representing the opposing party.

In the 12 years during which I have practiced law in Orleans County, I have always found Mr. Church to be completely prepared, professional, and a zealous advocate for all of his clients, in particular the children who he often represents.

Mr. Church has decades of experience as the Public Defender, in private practice, as an attorney for children, and in the criminal as well as the civil arena. Those decades of experience shine through in his preparedness, knowledge of current case law, trials skills, and ability to see the big picture, enabling him to help many cases reach a fair settlement or conclusion after trial.

Beyond his impeccable skills as an attorney, Sanford Church has a calm, deliberate, and focused demeanor which would serve the citizens of Orleans County very well if he elected to serve as County Court Judge.

Mr. Church has dedicated his legal career to representing the citizens of Orleans County in criminal court, family court, town courts, and civil matters.  He would bring the same tireless dedication and expertise as County Court Judge, and I urge you to get out and vote for him next Tuesday.

Sincerely,

Brenda Goldstein Campbell, Esq.

Rochester

Barre supervisor candidate wants to use skills as administrator in running town government

Posted 4 November 2017 at 4:15 pm

Editor:

Town of Barre residents, my name is Sean P. Pogue and yes I do want to be your best, next Supervisor. I have knocked on about 80 percent of the homes in the town and have spoken to the majority of you either at your homes, meetings, church and many other functions.

A little background on me; I grew up and graduated from high school in Perry, NY. A small agricultural community like Barre, not far from here. I went to college and received a Doctorate in Educational Leadership.

I retired from the Rochester City School District where I was an administrator for most of my career. During that time I worked closely with many community and social agencies, colleges and universities, neighborhood groups, parents, parent groups and students, state and local politicians and the city and county law enforcement agencies. I negotiated union contracts, designed budgets and worked within the constraints of the finalized budget. I have written grants, developed and implemented new programs.

I wanted to get back to a small community for some time and here I am. In the 10 years I have lived here, I became increasingly interested in the running and operations of our town government. In the past 4 years, I have attended approximately 90 percent of the Town Board meetings as well as the majority of the Town Planning Board meetings. I am the chairman of the Barre Bi-Centennial Committee and a member of the town park committee.

I think that Matt Passarell, Supervisor for the Town of Albion, said it best in his letter to the editor dated October 31st in the Orleans Hub in support of Carol Culhane: “Despite what some candidates new to government say, no one truly knows how to handle a town supervisor’s responsibilities in their first term. This is especially so if they have, for example, not been a regular participant at meetings, served on a planning board or on town council.”

There is a definite learning curve that changes with time much like what I did in the education field. Although I have not been on the Town Board, I have sat in on many meetings as I pointed out for many years and am active in the community. Can my opponents make the same claim? Do you believe they have the skill set needed to be supervisor?

Am I going anywhere? No, I grew up in a small town and moved back into one. I love the comfort one feels in a small community and want to see things improve for all of us in our community, the Town of Barre. I pledge to work hard for everyone in Barre. I will use the skills and knowledge I have obtained to work with groups and individuals.

I believe in a “WE” concept. A team effort will provide the best outcome. Together “WE” will provide a safe, secure and prosperous Town of Barre.

I would greatly appreciate your support on November 7th. Please go to the Town Hall and vote.

Sean P. Pogue Ed.D.

Republican and Independence candidate for Barre Town Supervisor

Gaines highway superintendent says town supervisor misinforms public

Posted 4 November 2017 at 10:07 am

Editor:

I have waited long enough to voice my opinions and concerns regarding the rhetoric used in our local upcoming elections. There are so many uneducated misconceptions, it could take pages to rebut. However, I will focus one main piece of misinformation. After 24 years, I can verify the falsehood as it directly relates to my position and workday routines.

Let’s begin with our water issue. There is a misconception (presented through a video message) that the Independent Meter Readers will tell when there is a leak, “an alarm system will go off indicating exactly the time and the address where the leak is.”  (Re-elect Sue Smith Facebook Video)

Response: This is not true. Each unit is connected to a residence. The only thing the reader does (can do) is – read the meter (in gallons). When the information is downloaded, by flash drive, to the town computer, the water billing clerk is able to generate reports, selecting information, as requested. No buzzers or alarms go off.

Water Bill #1 (not #2): The Gaines Town Supervisor stated on the Orleans Hub (10/16/17), “Yes, there was a billing error. When it was noted by the billing clerk to the water superintendent the bills seemed high, Mr. Mannella said, “Send them anyway.”’

Response: Basically, the above information is correct. However, what Ms. Culhane did not include is that I was informed that there were, “a few inflated water bills in District 1.” She neglected to tell me there was a problem in OTHER districts – and it was a township-wide problem.

Water Bill #2:  Other than the Gaines Website (10/11; initial notice & 2nd notice) and Re-Elect Carol Culhane Facebook (10/19; second notice) – there was no explanation provided directly to the residents of Gaines. No Pennysaver ad, or Orleans Hub notice for the incorrect billing of bill #1 –  and no direct (attached) statement of error/correction (on bill #2). Every person that received (by mail) an incorrect bill deserved to receive a corrected bill with an explanation in the same way – by mail.

Response: Town of Gaines residents deserve to be kept abreast of billing errors, “glitches” and other issues in a timely manner. We all live here and we all have an address. Use it.

I can think of no better way to improve our town than using our voting responsibilities and change its leadership. I respectfully ask you to vote for experience, integrity, responsibility, progress, organization, and management. Vote for Joe Grube, Susan Heard, Jim Kirby, and Tyler Allport on November 7th.

Respectfully,

Ron Mannella

Superintendent of Highways, Town of Gaines

Kendall needs a different town clerk who will complete the many needed tasks in the position

Posted 4 November 2017 at 9:40 am

Editor:

I feel with the election just one week away I have to step up and take exception to the letter of reference submitted by Ms. Banker, the Kendall Deputy Town Clerk. First of all, let’s point out the places where she is correct:

“Being a small town, the town clerk wears many hats – tax collector, comptroller, records keeper, registrar, DEC agent, and clerk to the Town Board…” There is no doubt about this statement, and it should be noted it has been this situation in Kendall and many other small town for an untold number of years.

The question arises as to the performance of these duties that beg examination in Kendall.

Tax collector… this year the Town of Kendall was fined by the county because we did not pay our tax bill on time. This is the sole responsibility of the Town Clerk and is the only officer legally able to perform this duty. The Kendall Town Clerk has failed in her responsibility.

Comptroller…

According to the dictionary the definition of comptroller is: “An officer who audits accounts and supervises the financial affairs of a corporation or of a governmental body.” While the Town Clerk does not supervise the financial affairs, she is responsible for all monies, other than the court income, that come into the town.

To that end, the current Kendall Town Clerk has refused to go to the Highway Department building and collect, count and catalog the funds from the coin operated water dispenser. This responsibility has been done by Highway personnel. The Kendall Town Clerk has failed in her responsibility.

Record Keeper…

The previous Town Clerk spent considerable effort to update all records associated with the two town cemeteries. Over the last several years these records have not been neglected, but there have been several instances where complete omissions have occurred. The Kendall Town Clerk has failed in her responsibility.

Registrar…

This is the person who is not only in charge of all official records, but is also responsible for the securing and protecting all records collected. This is indeed the sole responsibility of the Town Clerk. Since the current Town Clerk assumed this role, there have been numerous times the office of the Town Clerk has been left not only unlocked but completely open! Recently the Town Vault, where all the records are physically kept was found open. The Kendall Town Clerk has failed in her responsibility.

DEC agent…

It’s a common occurrence where hunting and fishing licenses are issued without the person being present, and are being sent home for application of the official signature. This is an illegal application of the agent’s duty.  The Kendall Town Clerk has failed in her responsibility.

Clerk to the Town Board…

Meeting notes are taken and recorded by the Town Clerk at all Town Board meeting. By NYS law these meeting must be made public within 14 days of the meeting. If one goes to the official Town of Kendall web page you will see that the last posting for Board Meeting notes is June 20th! The Kendall Town Clerk has failed in her responsibility- “to go the extra distance” in posting meeting minutes to the Town Website for ease of access for the community.

The Town Clerk also let her notary license lapse, and in so failed to offer that service to the public.

There is a reason that someone else, Janet Bolton, has been endorsed by both the Republican and the Democratic parties and is also on the Independent line. Janet is not on the Republican line only due to a technical error. The Town of Kendall needs a change. So again I will agree with Jennifer Banker’s letter … “do your own research and find out the truth.”

Charles Patt

Kendall

Pencille makes many misrepresentations about quarry project, Frontier Stone

Posted 4 November 2017 at 9:24 am

Editor:

The statements made by Wendi Pencille in her October 16th letter (click here) in the Orleans Hub are utterly false. Ms. Pencille’s reckless, willful and persistent pattern of blatant lying and misrepresentation of verifiable data and information should be called into question.

Contrary to Ms. Pencille’s statement, Mindful Media Group (MMG) does not have a website service and maintenance contract with the Town of Shelby, nor have we ever. In 2015, MMG designed and implemented a new website for the town. The website was transferred to the town at that time. The website is maintained by town employees. There is no truth to Ms. Pencille’s allegations about the town or my firm.

Further, Mr. Mahar did not “previously own” a quarry in “Niagara Falls,” as Ms. Pencille stated in her letter. Mr. Mahar was previously a partner in two quarries – the Lockport and Gasport quarries. The partners also did not “subsequently” sell “each one” to LaFarge, as Pencille also stated. The Lockport quarry was founded in 1942 by Myron Wertenberger, there were multiple owners prior to Mr. Mahar and his partners (1983-1997) and several thereafter. In 1997, Mr. Mahar and his partners sold both quarries to Redland Quarries – not LaFarge.

Ms. Pencille’s repeated attempts to create an association between Frontier Stone and LaFarge to assign blame for her other unrelated accusations have nothing to do with Mr. Mahar’s operation of Frontier Stone from 1983-1997 and are a calculated effort on her part to manipulate public perception.

I take exception to Ms. Pencille’s assertion that MMG is an “image consultant” for Mr. Mahar and Frontier Stone. As communicators, we are tasked with correcting inaccurate information, misinformation (i.e. deliberate distortions), and informing the press and public about the details of a technically complex, data-driven project. The project studies, surveys, scope, and details have always been a matter of public record. The Shelby project was developed by credentialed professionals in their fields of expertise, vetted by the Department of Environmental Conservation, and reviewed twice thereafter by an Administrative Law Judge and the DEC Commissioner. Frontier Stone has nothing to hide. Similarly, anyone who has seen or knows Mr. Mahar is aware his deportment speaks for itself.  He is the last person on earth in need of an image consultant.

It is pedantic for Ms. Pencille to suggest that after a decade there would be no record of the meetings and communication that took place between Frontier Stone and the United States Fish and Wildlife Service for the Iroquois National Wildlife Refuge. For her to go further in her 10/16 letter and presume to speak on behalf of a federal agency, the USFWS, without first-hand knowledge of the events or the authority to do so is staggering. Frontier has maintained all the records and documentation for every aspect of the Shelby project, including but not limited to the USFWS and STAMP. Mr. Mahar’s express desire has always been to do no harm. Frontier Stone has gone above and beyond to address and remedy valid concerns about the mining operation in any number of venues over the years. While Ms. Pencille has falsified verifiable study data, willfully misstated verifiable information, engaged in ex parte communications, and went so far as to accuse the DEC staff of collusion and withholding information at the April 2016 Issues Conference.

Her comments about the SEQR review indicate she has little understanding of the SEQR process. One need only review the May 8, 2017, Decision of the Commissioner (pgs. 5-6) where Commissioner Seggos addresses Ms. Pencille’s appeal. In her appeal, Pencille states that the qualifications of the Environmental Scientists at Terrestrial Environmental Specialists, Inc. “…do not even compare to my own.” Commissioner Seggos then concluded none of the field surveys submitted by Ms. Pencille resulted in the findings she stated and noted the field surveys she referred to and relied upon “actually indicate the proposed quarry will not have a significant adverse impact on short-eared owls or northern harriers.” He also added to the record, “Finally, Department staff states that Ms. Pencille failed to provide any other offer of proof to support her assertions.”

The commissioner went on to rule on other subjects:  “Neither Ms. Pencille nor other petitioners submitted other studies or field surveys to contradict the results of surveys conducted by the applicant’s consultant and the (DEC) Department staff…” “Ms. Pencille’s single statement …is not sufficient to meet a petitioner’s burden of demonstrating that a substantive and significant issue exists that would warrant an adjudicatory hearing…” “Ms. Pencille …has failed to demonstrate that a substantive and significant issue was raised.”

Her statement “15 quarries and permitted gravel pits are within a 25-mile radius of the proposed site” shows little knowledge of the industry and is like comparing apples to oranges. If Ms. Pencille would have you believe there are “15” operations mining the Lockport formation with an abundance of high-quality agricultural lime and high-quality NYS DOT-approved aggregate, she is either wrong or intentionally skewing the number so that it includes quarries that mine the cherty Onondaga formation, and operations that do not have DOT-approved materials, also an inactive quarry and another that cannot service Buffalo and Niagara Falls. Public records, existing Mined Land Use Plans and independently-tested agricultural lime samples provide a forecast of the area’s current mining industry and are far more accurate than a poll taken “11 years ago” by members of CSP.  We are in possession of all such documents which plainly show there are not “15” viable operations located “within a 25-mile radius.” To be clear, there is neither “ample” high-quality agricultural lime nor DOT-approved materials and reserves available “to satisfy future needs,” as Pencille insists.

Another of her habitual misrepresentations relates to Citizens for Shelby Preservation. Ms. Pencille continually refers to herself as an officer of CSP, in fact the “President.” Yet, Citizens for Shelby Preservation is not a registered business entity with the NYS Department of State Division of Corporations. To consistently refer to herself and others in print as officers of a corporate entity that has no active or past corporate filing on record, or even a dba filed at the county-level, is deliberately deceptive.

In early 2016, my firm distributed updated information on Frontier Stone’s quarry project to limited members of the press. The emails sent to one reporter at a local news publication ended up in the hands of a private citizen – Wendi Pencille. Ms. Pencille went on to post the verbatim content of those emails on various social media websites and across the internet. She then went further to manipulate the content and take my words out of context to defame me, Frontier Stone and the quarry project. Ms. Pencille’s unauthorized and unethical use and abuse of my company’s emails to another party got the reporter knocked off the beat and exposed the news publication to numerous potential causes of action. Given her work at Ingram Micro and her pattern of behavior, the argument could be made that Ms. Pencille’s reckless and willful actions were also a calculated effort on her part at social engineering.

As a candidate for Shelby Town Supervisor, Ms. Pencille has been openly critical of her opponent for not opposing the quarry. She stated he has been a “public servant” in the past and claimed he does not have a “solid opinion” on the quarry. What experienced public servants know, and are advised by legal counsel to practice, is to not voice their opinions, or speak in the press, about municipal matters in litigation. Which is why the town has issued statements on the quarry matter through a spokesperson. Shelby’s current supervisor, most of the existing council members, and Ms. Pencille’s opponent all have prior experience as public servants. None have expressed their opinions publicly so as not to compromise the town’s position in the eyes of the court, something Ms. Pencille consistently fails to comprehend or heed.

It is Ms. Pencille’s right to object to this or any other project. However, her total disregard for the truth and unrelenting practice of perpetuating misinformation has become pathological – whether about Frontier Stone, details of the quarry project, my firm, town officials or other candidates. Her practice of issuing unsubstantiated claims in print and snide, personal attacks that have no basis in fact are unbecoming any individual let alone one seeking to be entrusted with upholding the moral principles of public office.

Andina Barone

Mindful Media Group for Frontier Stone, LLC

Local attorneys back Church for judge because he is most qualified for the job

Posted 4 November 2017 at 9:11 am

Editor:

On Tuesday, I am asking that you cast your vote for Sanford A. Church, for County Court Judge.

Upon reading various comments over the past several weeks, it appears that there is a misconception about the role of the County Court Judge. The Judge does not get to “make-up” the laws. Instead, the Judge’s function is to apply the existing laws to the facts of each case. In order to do so, the Judge must first have a solid understanding of those laws. As others have noted before me, Sandy far exceeds this requirement.

In Orleans County, we should be grateful to have Sandy as a candidate. I have worked for Sandy as an Assistant Public Defendant. I have also had numerous cases against him throughout my legal career. I know firsthand that he is an extremely knowledgeable litigator and his expertise spans virtually every area of the law.

Why are no local attorneys running against Sandy? It has nothing to do with “the establishment” or insider politics, as others would like you to believe. The answer is simple – he truly is the most qualified person for the position.

It is not enough to be a good attorney and be familiar with a couple of areas of the law. The position for County Court Judge requires you to be experienced in all areas of the law. You have to be exceptional, and this is the best way to describe Sandy. He is a gifted jurist and we, as members of the community and as practicing attorneys alike, would be fortunate to have him as our next County Court Judge.

Joanne L. Best

Clarendon