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

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

Editor:

I find it necessary to comment on a few serious election topics: (1) facts on how candidates are selected by the Gaines Republican Committee; (2) relevance of residency; (3) Board Meeting attendance and (4) dollars & sense.

First, the Republican Committee advertises for the position, requesting the candidate to submit a letter of interest. After that, the candidate is interviewed by the committee, reviewing their qualifications, goals, objectives and visions for our town. After each candidate is given due consideration, a selection is made by committee consensus. This is the process. This is not new.

If a candidate chooses not to follow the process; so be it. But, don’t complain and degrade a process of which you did not partake. Consequently, not following the process made it necessary for a Primary, which literally spent taxpayers’ dollars.

A candidate’s former residency is another item that seems to irritate the challenger. Does a candidate’s former residency relate to his/her knowledge, experience or qualifications to the job at hand? No. Our current town supervisor comes from Rochester. Did that cause her not to run for the Town Supervisor’s office? No, and that still holds true. A candidate’s former residency has no bearing on his/her qualifications. Each candidate should stand on their own qualifications, merit, ethics and moral standard – regardless of former residency.

Additionally, the issue of attending Town Board meetings has been ridiculed and made into a political platform. Perhaps the idea of attending board meetings is recognized as a waste of personal time. Why? Agendas (and board meeting dates) are not advertised in a convenient format or timely fashion. Board minutes are provided (on web page). The only visible information is on particular resolutions that were made. No “items up for discussion” are included in the minutes; no “questions” that need further research/discussion and never is there a disagreement when the resolution comes to a vote. Really?  Never?

I find it difficult to believe in a system (or a board) that hides under executive session, never has a disagreement, and every member thinks the same… always and forever – the same. This is a great example of the tail wagging the dog.  I know that under new leadership, this will change – for the better!

Monetarily, we have watched current supervisor/board disperse close to $100,000 in lawsuits over windmills and a lane way. These litigations were not won, and current leaders are filing more lawsuits. Do you know why? I don’t – I can’t find this information in any of the Board Minutes – that’s for sure!

Current leadership lauds their own efforts in lowering taxes – but, what about the increase in our assessments? There’s a difference – let’s have an open discussion about it. The dollars belong to the taxpayer. The transparency to discuss best practice; where/how to use our dollars – is the job of the supervisor/board. That’s the “sense” that is missing… It’s time to change that, too.

Together, we can make the Town of Gaines great! Let’s elect the people that are ethical, sincere, will have open communication, and have proven, successful records. Your suggestions will create meaningful dialogue. Your questions will be answered. Rest assured. you will know where, why and how your tax dollars are being spent.

I encourage you to exercise your right to vote. I sincerely hope you will vote for Joe Grube, Susan Heard, Jim Kirby and Tyler Allport; a team that is ready and willing to work for you!

Sincerely,

Lorienda J. Smith

Gaines resident & member of Gaines Republican Committee

Editor:

August 26, 2017 began as a good day at Heritage Estates in the town of Gaines. Gaines Town Supervisor Carol Culhane along with Councilwoman Susan Smith are candidates for their present positions with Debra Mitchell, presently Gaines Deputy Town Clerk, is running for the position of Gaines Town Clerk.

The trio was entertaining a “Meet and Greet” Forum at the office of Mr. and Mrs. Richard DeCarlo. The DeCarlos are owners of Heritage Estates and graciously offered their facility so the mature adult residents of Heritage Estates would not have to travel a distance to interact with their town representatives.

The event was proceeding well when Mr. Joseph Grube and the rest of the Gaines GOP Nominating Committee arrived on the scene. The residents of Heritage Estates hadn’t experienced this kind of behavior in their quiet community in the past. It was an “in your face” yelling, arguing and upsetting demonstration.

Grube is a candidate for the position of Supervisor for the Town of Gaines with a nonsensical platform of transparency that comes with a price tag of $28,000, compared to the salary of Carol Culhane that is less than $8,000, which includes the positions of Supervisor, Budget Officer and Web Site Manager.

Mr. Grube and his entourage of empty barrels did include Susan Heard, currently the Orleans County Treasurer who is also a candidate for the position of Gaines Town Clerk on the Democrat line. I suppose her primary goal is to raise the image of Gaines along with a little “Double Dipping.”

Does she think the years as Treasurer rubbing elbows with the county bureaucrats has given her the experience to serve the common people without the arrogance showing through? It was at the September 28, 2015 Orleans County Legislature meeting that said it all. When the Treasurer’s Report, which amounts to tossing a sheet of paper in front of each legislator, was complete, she took her seat put her head in her hands and in a low voice remarked, “Don’t ask me any questions, please.” They in fact didn’t.

The people in Heritage Estates want nothing to do with Grube’s Group. In essence Grube, Heard and their followers have taken the top off a ground hornet’s nest. Hornets aren’t happy when their habitat is disturbed and they let you know it. I would hope that “Heritage Estates Residents” tell their friends and that it relates to a “sting” at the ballot box.

Please vote for Carol Culhane for Supervisor. She has proven she works for the people of Gaines and doesn’t coddle the few that want to be coddled.

Please vote for Susan Smith for Councilwoman. She has demonstrated her commitment to Gaines and its people in many ways.

Please vote for Debra Mitchell Town Clerk. She is a people person, and will answer your questions or find out the answer if she doesn`t know it.

I am a representative of the registered Conservative voters in the Town of Gaines.

Allen Lofthouse

Chairman of Orleans County Conservative Party

Editor:

I believe Tara Albone-White possesses the people and managerial skills to execute the duties of Ridgeway Town Clerk in an efficient and personal way.

Too often we follow the political party machine in its monolithic and inefficient efforts to control our vote and feed its hunger for power.

Tara Albone-White is an independent candidate who will bring new ideas, new energy, and new enthusiasm to the Ridgeway Town Clerk office.

As a local school board member, I personally experience the dated and wasteful operation of our municipal governments being controlled by the political party machine.

On November 7, I encourage you to help break the chains of the wasteful and stagnant political party machine and vote Tara Albone-White for Ridgeway Town Clerk.

She has the energy, enthusiasm, commitment, and a new, positive attitude to make a difference as Ridgeway Town Clerk.

David Sevenski

Ridgeway

Editor:

The Town of Gaines has a major division in the town due to the actions and personal agenda of Carol Culhane and Sue Smith. Example: On Jan. 2, 2012, Carol Culhane, just elected, had the new Town Attorney prepare a resolution to abolish the Planning Board, but he hadn’t been appointed Town Attorney yet.

Per New York Department of State, this should have been done by Local Law and a Public Hearing, so the residents of the Town of Gaines could voice their opinion on abolishing the Planning Board. Instead, three members of the Town Board made that decision for them.

Also, the Resolution the Town Board adopted, abolishing the Planning Board, needed to be sent to the County Planning Board for review, this per New York State Guide Lines as it was a change in the Town of Gaines Zoning Laws. It was never sent to the County Planning Board!

Carol Culhane and Sue Smith have repeated these same types of infractions over the past 6 years. Also, Carol Culhane will never answer questions by residents at Town Board meetings, “if” she allows privilege from the floor.

The Town of Gaines needs a Town Board where the residents voices can be heard and would encourage the Town of Gaines voters to vote for the Republican-endorsed candidates, Joe Grube-Supervisor, Tyler Allport-Councilperson, James Kirby-Councilperson and Sue Heard-Town Clerk.

Theobert Ahlberg

Town of Gaines resident

(Mr. Ahlberg is a past chairman of the Gaines Planning Board)

Editor:

Of particular importance to every resident of Orleans County is the race for County Court Judge. Sanford “Sandy” Church, a lifelong resident of Albion and a fifth-generation attorney, is the Republican endorsed candidate seeking the ten year term, while Tonia Ettinger, an attorney from Ontario County, will appear on the ballot on the Democratic and Conservative lines.

Retired County Court Judge Jim Punch set the judicial bar high during his 27 years of service on the bench. As the longest serving judge in the history of this County, he presided over thousands of cases during his tenure, displaying a broad knowledge of substantive and procedural law while rendering timely, well reasoned and often gut wrenching decisions.

Like some of his contemporaries in other rural counties across New York, Jim presided over four courts – County, Family, Supreme and Surrogates – and juggled those responsibilities efficiently and effectively. To say that he will be a hard act to follow would be a gross understatement.

In a recent letter to the editor, the writer suggests that Ms. Ettinger “will bring a much-needed change from the establishment of almost three decades.” That is exactly what this County doesn’t need, and the primary reason why the Orleans County Bar Association as a whole, and sixteen of my colleagues, with over 400 years of collective experience as practicing attorneys, have joined me in endorsing Sandy Church for Orleans County Judge. Simply put, if it ain’t broke, don’t fix it.

There is no question that Sandy is the right person for the job. Like Judge Punch, he is a life-long resident of Orleans County. Born and raised in Albion, Sandy attended Wake Forest University, where he was inducted into Phi Beta Kappa, and Duke Law School, a top ten institution where he was a member of Law Review.

With these impressive academic credentials, Sandy could have written his own ticket with a big city law firm, but it was always his intention to return to his roots. True to his word, Sandy came back to Albion, where he continues to run the Church & Church law office and is a pillar of the community. To my knowledge, Ms. Ettinger has never had an office in Orleans County and rarely appears in court here. If her local connection is so strong, why does she live two counties away, why isn’t she a member of the Orleans County Bar Association, and why did she run for judge in Monroe County last fall?

Because the majority of the cases that our County Judge presides over are criminal and Family Court matters, experience in those areas of the law is essential. The courtroom is no place for on the job training. As a former Orleans County Assistant District Attorney, Orleans County Public Defender for the past 20 years and a Family Court practitioner for 30 years, including 17 years of service as guardian for the child, Sandy has been a fixture in the Courthouse, handling thousands of cases ranging from routine to complex.

If one were to poll the attorneys who have thrown their support behind Sandy, I daresay that every one of them would respond that there is no better qualified candidate for Orleans County Judge. With all due respect to Ms. Ettinger, there is simply no way that she has acquired the broad base of knowledge and experience in her 13 years of practice that Sandy has accumulated in his 32 years of service. It is no coincidence that most attorneys who ascend to judicial positions in courts of record are well seasoned, with years of experience in myriad areas of the law under their belts.

The residents of Orleans County, the individuals appearing in court as defendants, victims, litigants, witnesses and jurors, and the attorneys who make their living practicing law in Orleans County, deserve to have a County Judge with the knowledge, experience and temperament that the position demands.

While there will be two names on the ballot next week,  there is only one viable choice for County Court Judge – Sandy Church. He has earned, and is deserving of, your vote.

Jeffrey R. Martin

Holley

Editor:

As November 7th, Election Day, draws near, I wanted to share a few items with your readers as they make their final decisions on who to support when they exercise their right to vote.

I’ve introduced myself in person, through ads, and in letters to the people of Gaines. I’ve had the chance to talk to, and more importantly listen to, their concerns and how they see how town moving into the future. Listening to people, combined with not being heard by some town officials myself, is what ultimately convinced me to get actively involved in the race for Supervisor. I have openly laughed at some of the vicious personal attacks thrown my way by people who have never met me, or have seen me but never bothered to utter a single word to me. These actions demonstrate the points I’ve made during my campaign.

The truth is that an overwhelming majority of Gaines Republicans agreed with me and my message during the primary in September, and selected me as their candidate. The Gaines Democrats reviewed my credentials and listened to my message. Their town caucus unanimously chose me as their candidate for Supervisor. The leaders of the Independence Party made that choice as well. These endorsements were earned by having a strong background, a clear message, open ears and mind, and hard work. The same level of hard work and determination it took to win the primary and the endorsement of other parties will be used as Gaines Town Supervisor.

My goal is to make Gaines a better place by making our town government extremely open and treating others with respect. Our meetings will be more informative. Detailed information, not just meeting minutes, will be easy to get. We’ll do a better job communicating and use many ways to get that job done. We’ll be fiscally prudent and work toward being as efficient as possible by being more open to sharing services, equipment, and personnel. We’ll be collaborative at all levels of government to help us get great things done.

I have no allegiances to anyone but the residents of Gaines. I won’t stand for anything but honest, open government and civil, respectful debate on topics of importance. Sometimes, running a small town like ours can be challenging as difficulties are presented to us, but we must remember we are all neighbors, and that our town officials work for us, not for themselves or a small group of supporters.

With that, I’d like to ask all your Gaines readers to give me their support when they go to the polls on November 7th. We can make Gaines better, and we will!

Sincerely,

Joseph Grube

Candidate – Town of Gaines Supervisor

Editor:

I am writing today to discuss shared services among the county, towns and villages. I have been Supervisor of Gaines for 6 years and involved in government for more than 10 years.

One of the first things I learned even before I took office was what a great group of folks we have in this county, watching and hearing about their working together. When I was elected the first time in 2012, I sought out advice and mentoring from other Supervisors throughout the county. There were many lunches, pots of coffee, phone calls and meetings.

I am forever grateful at the willingness of each and every person I sought to help, teach and advise me as I learned just what it meant to be a town Supervisor. We started meeting every few months and really gained a great rapport of respect and trust.  Don’t think for a moment we didn’t have different opinions but we could respectfully agree or disagree without any hard feelings. We had and have the best interest of our communities at heart. I don’t doubt for a moment if any county, town or village had an emergency every community would be there to assist in any way they could.

The question of shared services has come into play as something our town doesn’t practice and a movement towards that policy should be implemented. Below is a list of the services the Town of Gaines currently shares:

• Highway personnel and equipment – paving, water line breaks, repairs etc.

• Codes enforcement officer – annual contract with the Town of Albion

• Tax Assessor– contract with County Real Property who also serves Town of Albion

• Justice –on call for arraignments

• County – Snow Plowing

As you review this list, you can see we share a very significant amount of services with other communities. The purpose is obvious, to save money and streamline government services to make it more cost effective for all.

The Town of Gaines, along with every government entity share services with the county, town and villages. I believe the constant efforts of all involved to carry on the continued cooperation in our county should be applauded and used as an example of working together for the greater good.

Respectfully submitted,

Carol Culhane

Gaines Town Supervisor

Photo by Tom Rivers: Two cyclists from Pennsylvania are stopped today in Albion on the towpath, just west of Main Street, while a crew from Utica takes down trees.

Editor:

Tearing down trees along the towpath of the Erie Canal is an absolute disgrace and should have been the last option, not the first option because it’s the cheapest!

We live right on the canal and the beauty of the trees across from our house is now gone. Devastated! Local and NYS government should be ashamed of themselves acting on a threat of water way break from 1912-1921 in Bushnell’s Basin.

We have come a long way in technological advancement since then, and one would think they would go with another course of action.

Sincerely,

Stephanie Thurston

Albion