The federal funding received for Phase 2 of the South & Center Chautauqua Lake Sewer Districts meant that some of the ARPA funds designated for it could be used for other projects.

Also, the County canceled two other ARPA funded projects involving purchasing deterra pouches and a paving project at the Emergency Services Center for a drive-through public health clinic.

Resolutions for new ARPA funding to be voted on tonight include $4 million for Phase 2 of Shovel Ready Sites. The resolution states that the $1.4 million in ARPA funding for Phase 1 and from other sources fell well short of what is necessary to cover the cost of a large site.

The Legislature also will consider using $880,000 to purchase a Landfill Trailer. The resolution states that using ARP funds will “reduce the financial burden on the Landfill Equipment Capital account, allowing for the purchase of additional machinery to support daily Landfill operations.”

Another $500,000 in ARP funds is proposed to be used to upgrade the Sherman Shop Fuel System. The resolution states the fuel system in Sherman is need of upgrades and below grade fuel tanks are nearing the end of their life expectancy

Other ARPA-funded resolutions include $210,000 for a Waterways Master Plan project to evaluate the Marden Cobb waterways as well as $100,000 to repair trail sections and bridges on the Overland Trail at Harris Hill.

The County Legislature also will vote to designate $20,000 in Occupancy Tax Program monies toward the installation of a drainage system on Wright Park Drive in Dunkirk.

Under motions for consideration, the Legislature will vote on calling on New York State to continue passing on Enhanced Federal Medicaid Assistance Percentage Funds to counties, a motion urging New York State to approve a new Brooks Hospital, as well as a motion urging New York State to support natural gas.

The County Legislature meeting will take place at 6:30 p.m. in the Legislative Chambers of the Gerace Office Building in Mayville. It is open to the public and also will be livestreamed on https://www.youtube.com/@ChautauquaCounty

The low-cost Niagara hydropower to Coal Ash Recycling (CAR) will support the company’s expansion in Fredonia.

CAR is an owner of landfill sites that hold fly ash, a key component in concrete manufacturing. The expansion project will be to remediate and process fly ash so that it may be used in the production of low-carbon green concrete. Fly ash is a byproduct of burning ground coal to generate electricity. CAR’s Chautauqua County landfill contains fly ash produced at the Dunkirk Generating Station in the 1960s through the 1980s.

The production of cement, a common ingredient in concrete, is responsible for nearly 8 percent of the world’s carbon emissions. Substituting fly ash for cement in concrete production increases the life of concrete structures by improving its overall strength and durability. Additionally, it saves water and significantly reduces greenhouse gas emissions.

CAR’s application was considered under the Green Jobs Evaluation Incentive Plan approved by the trustees on December 9, 2020. The plan allows for the consideration of green jobs impacts when evaluating applications for NYPA hydropower. CAR’s project meets the qualifying criteria as a green jobs company in New York State. Additionally, the project supports the state’s Climate Leadership and Community Protection Act and Low Embodied Carbon Concrete Leadership Act, which requires the use of low-carbon concrete on New York State funded projects.

District 10 Legislator Jamie Gustafson introduces herself to the County Legislature (July 27, 2022)

The Chautauqua County Legislature has approved a 19-district reapportionment map, but voted down sending it to referendum in November.

A local law establishing a 17-district map failed in a vote of 3 to 14 with Legislators John Penhollow and Paul Whitford being absent. Only Legislators Bob Bankowski, Susan Parker, and Billy Torres supported the reduction.

Proponents of the 17-district plan included local League of Women Voters representative Mary Croxton who spoke at the public hearing saying with the over 5% decrease in population from the last census, keeping the same number of legislators makes less sense, “We need to be more efficient and cost effective as a county government. Maintaining the same number of legislative districts with all of the technical and economical challenges that we have taken place and are expected to take place over the coming decade is not efficient or cost effective. Chautauqua County residents and the taxpayers cannot afford the status quo.”

County Reapportionment Co-Chair Larry Wilcox spoke in opposition to the 17-district plan, saying the plan would divide more rural towns into different election districts than the 19-district plan, which would only divide two towns, “One-third of the small towns in this county are divided into two or more legislative districts under the 17-member plan. That’s one of the reasons the 19-member plan, which I encourage you to adopt, is far superior to the 17-member plan. The people in this rural area would have their voting power diluted under the 17-member plan, but it would be intact under the 19-member plan.”

The local law setting a 19-district map passed 14 to 3 with Legislators Bankowski, Parker, and Torres voting against it. A resolution to have a referendum on the 19-district map failed along the same lines in a vote of 3 to 14.

The Legislature approved the appointment of Jamie Gustafson to lead Legislative District 10. She replaces Ken Lawton, who has moved out of the district. Legislator Gustafson has lived in the district with her family for 30 years and is employed by M&T Bank. District 10 represents the southwest side of Jamestown, the Village of Lakewood and part of the Town of Busti.

The Legislature approved a local law by a vote of 12 to 5 to create a Chautauqua County Landfill Commission.

Public Facilities Deputy Director Aaron Gustafson, speaking at privilege at the floor, stated concern over why the Commission was being proposed. He stated that the doors of communications work both ways, “We do not feel that the added level of government, the commission, will solve anymore issues than the current processes that are already in place, especially given the concerning involvement of private interest that are proposed to be part of the commission. We fail to see how private business members would help foster better communication between the division and this legislative body. In fact, it seems it most certainly would create an environment for conflicts of interest.”

Legislator Susan Parker proposed two separate amendments that would have added language not allowing the commission to entertain privatizing landfill operations and also would not allow private customers as members of the commission. Both proposed amendments failed. Legislators Parker, Bob Bankowski, and Elisabeth Rankin cited concern about conflicts of interests from private businesses and that concerns about the Landfill could be handled with existing means of communication.

The commission will have seven members appointed by the County Executive including two County Legislators as well as representatives of the government of the Town of Ellery, a large municipal customer, a large private customer, a waste hauler, and a representative of a community hosting a County transfer station.

On the agenda are a local law setting new legislative districts at 17, which is a decrease from the current 19 district map. The other local law redraws district lines at the current 19 districts.

Two resolutions proposed by Fredonia Legislator Susan Parker will still be on the agenda that call for a public referendum on the reapportionment maps. If approved, that would send the map to voters to vote yes or no on in November. The two resolutions failed in the Administrative Services committee.

The Legislature also will vote on appointing Jamie Gustafson to lead Legislative District 10. She would replace Ken Lawton, who is moving out of the district. District 10 represents the southwest side of Jamestown, the Village of Lakewood and part of the Town of Busti. Chairman Pierre Chagnon will honor Legislator Lawton with a commendation at the beginning of the meeting.

The Legislature will also vote on a local law to create a Chautauqua County Landfill Commission.
The commission would advise the County Executive and Legislature on matters relating to the construction, renovation, operation, or discontinuation of any solid waste disposal and solid waste related facility.

The proposed commission would have seven members appointed by the County Executive including two County Legislators as well as representatives of the government of the Town of Ellery, a large municipal customer, a large private customer, a waste hauler, and a representative of a community hosting a County transfer station.

The Chautauqua County Legislature meeting starts at 6:30 p.m. Public hearings on the reapportionment maps, creation of the Landfill Commission, the amendment of the County’s Self-Insurance Plan, and on the creation of a Public Information Officer’s position will take place at 6:35 p.m.

The meeting takes place in the Legislative Chambers of the Gerace Office Building and is open to the public. It also will be livestreamed on Chautauqua County Government’s Facebook page.

The two laws up for discussion set the number of county legislative districts at either 17 districts or 19 districts. There are also two resolutions setting referendums for both local laws, depending on which one is ultimately passed by the full County Legislature.

The committee also will review a local law to create a Chautauqua County Landfill Commission.

The commission would advise the County Executive and Legislature on matters relating to the construction, renovation, operation, or discontinuation of any solid waste disposal and solid waste related facility.

The proposed commission would have seven members appointed by the County Executive including two County Legislators as well as representatives of the government of the Town of Ellery, a large municipal customer, a large private customer, a waste hauler, and a representative of a community hosting a County transfer station.

The Administrative Services Committee meets at 5pm Monday, July 18 and will be livestreamed on the Chautauqua County Government’s Facebook page.

County Executive PJ Wendel said this 54-acre project has been 8 years in the making with construction being planned over last 4 years, “This new cell should last somewhere between 20 and 30 years. But there are two more cells being developed as well. When I say cells, there are actually three cells in the hole, or pit, so the site is developing more and more. There are 82 acres in the current [cell] that we’re just capping off.”

Wendel said they encourage people to continue to be mindful of what they throw away and to recycle where possible.

The family of a Westfield man killed in an accident at the Chautauqua County Landfill is suing the County.

The lawsuit filed in Chautauqua County State Supreme Court Monday seeks financial damages following the death of 56-year old Scott Deming Sr. on August 3, 2020, saying the county was negligent in ensuring the landfill was a safe place to work and was not in compliance with safety law.

Deming was standing behind a large pile of garbage he had just dumped from his garbage truck at the Landfill in Ellery when he was hit and killed by a bulldozer that was pushing the garbage into a pit.

Chautauqua County, the County Department of Public Facilities, and the Chautauqua County Landfill are all named in the lawsuit.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county plans to expand the landfill by 53 acres to the west.

ROCHESTER – The State Appellate Court in Rochester has upheld a 2016 Chautauqua County Supreme Court Decision involving the expansion of the county landfill in Ellery.

On Nov. 1, 2016, the Hon. Frank A. Sedita ruled in favor of the 53-acre expansion that would extend the life of the landfill located within the town for another 20-30 years. The Town of Ellery appealed that ruling, and the appellate court in its decision affirmed the original ruling.

The decision by the appellate court, released on Friday, means the landfill expansion can continue to move forward, despite opposition by the town of Ellery, which is the hosting municipality.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery.

MAYILLE – The Jamestown Post-Journal is reporting that the county legislature’s audit and control committee on Thursday discussed the possibility of establishing a solid waste flow control law.

Under terms of the law, all residents and commercial haulers in the county would have to dispose of their garbage in the county landfill.

County officials say most residents and entities for the most part already bring solid waste to the county landfill and that the proposed measure would just confirm that it is a requirement.

Committee members say that while the new law would insulate the county from fair and legitimate competition, there is some concern it would also create a monopoly for the county, so it would be up to lawmakers to make sure residents and businesses aren’t being gauged with unfair rates.

A draft of the proposal could be put before legislators in February or March.

The Chautauqua County Landfill is located off Townline Rd. in the Town of Ellery. The county plans to expand the landfill by 53 acres to the west.

ELLERY – The Town of Ellery is moving forward with challenging a State Supreme Court Decision involving the Chautauqua County Landfill.

The Jamestown Post-Journal is reporting today that Ellery Town officials have agreed to file for an appeal of the recent Supreme Court Decision, when Justice Frank A. Sedita ruled in favor of the 53-acre expansion, which county officials want to move forward with in order to extend the life of the landfill – which located within the town- for another 20-30 years.

The town of Ellery fought the expansion with a lawsuit filed earlier this year against both the New York State Department of Environmental Conservation and Chautauqua County, in an effort to invalidate the permitting and SEQR filed for the project. As part of the lawsuit, the town claimed the expansion would create an environmental hardship for residents. Prior to the lawsuit, the town also wanted to have increased hosting fees from the county, but was unable to come to a new rate agreement.

If the town moves forward to appeal, County Executive Vince Horrigan said the project will progress in accordance with the judge’s decision.

If the town files for an appeal, it would then be able to request a court injunction to halt the expansion work while the appeal is being considered