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.

Among the changes currently being considered is changing the term-length for county legislators from two to four years.

Another would involve the reapportionment process, including making a determination on who would sit on the redistricting committee and also the process for finalizing a reapportionment plan. The committee is responsible for making recommendations for new legislative district lines every ten years, based on the latest census data.

And the commission is also considering adding new language to the charter that would include the salary for the county executive, county sheriff and county clerk.

The Commission will meet at 5:30 PM, Wednesday in Room 331 of the Gerace Office Building in Mayville. The meeting is open to the public.

In the original version of the plan, the boundary for district 10 called for a line to be drawn “a short distance south” of Cowing Rd. Green felt that was too ambiguous and challenged the plan. As a result, tonight’s meeting will focus on a local law that amends the previously approved plan and includes clear language as to where the boundary will be placed.  District 10 contains a large portion of the town of Busti and a small portion of the south side of the city of Jamestown.

Tonight’s legislature meeting begins at 6:30 p.m. and is open to the public.

According to Green, he is unable to support any new voting district lines because the county legislature districts that were drawn up and approved last year are flawed. According to Green, the new legislative district plan is creating problems in a couple of areas.

“In the Busti area, the official wording doesn’t give us specifics to go by so it’s impossible, in my opinion, to be able to draw the legislative lines and the [voting] district lines in that area,” Green said. “And further we had the drawing of the legislative lines was done in such a way – not following city ward lines – and causing us to draw [voting] districts that are extremely small, having just 52 voters in one case.”

Green adds that the legal plan for the legislative district line for the area of Busti includes a reference that the dividing line is a short distance south of Cowing Road.  He says that descrption requires a leap of faith, and adherence to an imaginary line the board of elections staff would need to follow to be able to complete their work.

Green also says that while some voting districts in the county have has many as a thousand people, one of the districts in Jamestown is forced to have just over 50 people, making the plan very inefficient.

The new legislative lines were approved last October and known as the “Barmore Plan” because they were submitted by legislative majority leader Larry Barmore (R-Gerry) and were an alternate to a plan that was being created by an independent reapportionment commission. In addition to having new districts that follow the most recent census data from 2010, the legislature also had to approve a plan that reduced the number of districts from 25 to 19, per a public vote that took place in the county back in 2011.

With the new legislature district boundaries approved more than six months ago, WRFA asked Green why he waited until now to raise his concerns about the new district lines.

“First, when the lines were enacted, over the next couple of months we were totally absorbed into running an election,” he explained. “As soon as we cleared the election off of our plate we then moved forward and started looking at the lines. It’s a very long process and it was only recently that we came across the error, within the past couple of weeks.”

Green says because he feels it is impossible to draw the boundary line for the new District 17 in the town of Busti, it could compromise the entire plan. As a result, he’s asking the county attorney for legal assistance on this issue, including seeking a Supreme Court order to fix the boundary line issue and correct the 52 voter mini-district in Jamestown. Green says until the board resolves the issue, they are at a stand still at the board of elections.

Residents who wish to run for public typically begin circulating petitions and seeking party nominations in June.

The new districts had to be drawn up because of the new population numbers in the 2010 census, in addition to a county-wide referendum that called for reducing the legislature from 25 to 19 members. The new districts will be in effect for this year’s election in November.

• AUDIO: Larry Barmore Discusses Reapportionment

Later in the day, the legislature reconvened to discuss and finalize the 2013 spending plan. As reported Thursday morning on WRFA, the budget was approved by a vote of 19 to 4, with the 2013 county tax rate seeing an 8 cent per thousand reduction over the 2012 tax rate. Below are the full comments from minority leader Barmore and minority leader Lori Cornell (D-Jamestown). Legislator Keith Ahlstrom (D-Dunkirk) was one of four legislators and the only Democrat to vote against the plan. His comments following the meeting are also available below.

• AUDIO: Larry Barmore and Lori Cornell on 2013 Budget

• AUDIO: Keith Ahlstrom Reacts to 2013 Budget Passage

The plan supported by Barmore is the one that eventually was approved by lawmakers by a vote of 15 to 7.  The redistricting plan not only brings the legislative districts into compliance with the 2010 U.S. Census but also reduces the number districts from 25 to 19, as mandated by a public referendum in 2011.

• VIEW COMPLETE REAPPORTIONMENT RESOLUTION APPROVED BY LEGISLATURE

• AUDIO: COMMUNITY MATTERS OCT. 18, 2012 INTERVIEW ON COUNTY REAPPORTIONMENT

The “Barmore plan” – as it has been called by some – has been criticized for favoring the republican party by reducing the number of districts with populations in urban areas, which often elect a democrat over a republican. However, Barmore says if anything, it is the plan favored by legisator Tom DeJoe (D-Brocton) – who also sat on the commission – that is the more partisan of the two.

“Basically Jamestown is big enough for four districts and the remainder, and the remainder is anywhere from 2,000 to 3,000 residents.  The bottom line is, the plan DeJoe favors protecting the seat of every sitting democratic legislator, while the plan I favor shares the pain 50/50 down the middle.”

Barmore adds that during today’s vote on the plans, he’s asked that the plan favored by DeJoe and his fellow democrats be acted on first, followed by the plan he’s submitted for a vote.

“I have 13 solid votes and I’ve asked  [Legislature Chairman] Mr. Gould to present the one I don’t favor first, so that people who support that plan – once it is no longer on the table –  will come over and support the second plan. That way may see more than a 14 to 11 or 13 to 12 vote.”

Barmore made his comments during last week’s community matters program here on WRFA. A podcast of that show can be found at our Community Matters page.  Today’s vote by the legislature on the reapportionment plan take place this afternoon during a special meeting that begins at 2 p.m. A public hearing on the plans will take place prior to the vote.