Chautauqua County Legislature

Following public comments over the last several months over concern about governmental overreach, the Chautauqua County Legislature passed a motion last night that calls on elected officials to act within the boundaries of the U.S. Constitution.

Legislator Bill Ward asked to table the motion due to wanting more clarity on what “kind of teeth” the motion has, but the tabling request did not receive a second to move forward.

Legislator John Davis, who was one of the sponsors of the motion along with Legislator Dan Pavlock and County Executive PJ Wendel, said each legislator has been sworn to uphold the Constitution, “It has become clear, in my opinion, especially during this Pandemic, that there are some elected officials at the state and federal levels who have used mandates to push the limits of their constitutional authority as they seek to achieve their own policy objectives. This motion serves as a reminder to all elected officials of their oath to uphold the Constitution.”

The motion passed 13 to 6.

A second motion asking New York State to consider alternative preventive procedures against COVID-19 transmission and infection for those healthcare workers who decline to get vaccinated also passed.

Legislator Bill Ward said if daily testing can be done for healthcare workers, that’s a step forward versus the current mandate, but he emphasized he endorses the vaccine for everyone who is eligible. He also expressed worry about the intent of the Legislature’s motion given that many constituents have said they want an ordinance versus a motion, “If this is a step towards moving us toward a county that disobeys the law, it’s not gonna happen. That has to happen in court. If you want to change a law you have to go to court. We can’t do this in this body we can’t do it certainly with a motion.”

Legislators Chuck Nazzaro, Terry Niebel, Christine Starks and Elisabeth Rankin also voiced that they support the COVID-19 vaccine but don’t want to see the healthcare industry unnecessarily burdened by requiring workers be vaccinated. The motion passed 17 to 2.

Under the local law, a child aged 12 or 13 must be accompanied by a parent, legal guardian, or mentor in hunting deer with a bow, rifle, shotgun, or muzzle-loading firearm. The child also must have participated in a hunter education-safety course and have a hunter’s license.

Legislator John Davis said as an educator he sees firsthand the importance of training and teaching proper policy, techniques, and practices, “I think it’s very important for us to begin teaching individuals at a young age how to properly handle fire arms, how to properly hunt. And with the mentoring of seasoned hunters, as Legislator Pavlock indicated, I think that’s very important to have seasoned individuals teaching our youngsters how to properly hunt.”

As part of the local law, Chautauqua County will be entered into a Pilot Youth Deer Hunter Program with New York State.

The County Legislature also unanimously endorsed the 2021 Chautauqua Lake Memorandum of Understanding. This MOU replaces a two-year Memorandum of Agreement about the Lake that expired at the end of April.

Legislator Bill Ward spoke in favor of the MOU, saying it’s a document of hope and aspirations, and it’s being presented in an atmosphere where it could allow everyone to step back, “Because of the fact, perhaps, that there’s more science at work than ever before. We are in a situation where it is important to honor each other even if it’s just in a non-binding agreement.”

Ward added that sometimes the “hand shake across the fence” means more than the long drawn-out documents in the past.

County Legislature Chairman Pierre Chagnon announced at the end of last night’s meeting that starting in June, Legislature Committees and the full Legislature will resume meeting in person.

“This company that they’re proposing to rehabilitate the building is in the best interest of Chautauqua County and the Village of Silver Creek and the residents.”

Region Nine U-A-W Housing Corporation plans a historic renovation of the property that converts the school into 47 affordable apartments for people age 55 and older. Gerry Legislator Dan Pavlock added his support, saying the project will be very positive for the community,

“It’s always great when a company shows interest in revitalizing and re-utilizing some of our current structures that we have. And what a great thing. And the type of facility that is suggested for this project will be needed in that community.”

Region Nine plans to use State and Federal resources to help fund the renovation.

The County Legislature also approved two grants of $13,000 for the Dunkirk and Jamestown Airports. The monies are part of the Coronavirus Response and Relief Supplemental Appropriation Act of 2021. They’re to be used to prevent, prepare for, and respond to coronavirus impacts, including support for continuing airport operations.

In addition, the County Clerks Office will be able to digitize microfilm more easily with the Legislature’s approval to replace a 40-year old microfilm reader.

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Among the items to be considered by the legislature is a resolution that would allow the county to sue pharmaceutical companies, claiming that their effort to push for the over prescription of opioid medications has led to the current drug and opioid epidemic.

The resolution, entitled “Authorize Litigation Against Major Drug Manufacturers to Recover Current and Future Damages to the County from Abuse of Opioid Pharmaceuticals,” would be similar to the past litigation effort filed against the tobacco industry. According to the language of the resolution, the county is joining other counties in the state in seeking to “recover damages from those parties directly contributing to high costs to the taxpayers in the form of increased social services, policing, and other expenditures, so as to mitigate the impact of same.”

Also on Wednesday, Chautauqua County Executive Vince Horrigan is scheduled to give a presentation on the county’s Shared Services Plan, which is currently in the running for a $20 million grant from the state.

And the legislature will say goodbye to legislator Mark Tarbrake (R-Jamestown, District 14), who is moving out of his district and as a result has to step down form the panel. The seat will likely remain open until a new legislator is selected in the November election.  Only one candidate will appear on the ballot for that seat – Dan Pavlock (R-Charlotte).

Wednesday’s meeting begins at 6:30 p.m. and in the legislative chambers in Mayville and is open to the public.

This year’s election features races for several local offices, including County Executive, County Clerk, and all 19 seats in the Chautauqua County Legislature.

Already announced candidates include Republican George Borrello (Irving) and Democrat Mike Ferguson (Fredonia) running for the open seat of County Executive after Vince Horrigan announce at the start of this year he would not seek another term in office. Running for county clerk will be Republican incumbent Larry Barmore of Gerry, being challenged by Democrat LeeAnn Lazarony of Cassadaga.

10 out of 19 Legislature Seats Uncontested

A map of the legislative districts for Chautauqua County.

In addition to the two county-wide races, there will be nine contested races for in the 19-seat Chautauqua County Legislature, including two open seat races.

Contested races include:

• District 1 (Dunkirk) – Democrat Tommy Roque is facing Republican incumbent Kevin Muldowney;
• District 3 (Fredonia) – Democrat Robert Dando is facing Republican incumbent Bob Scudder;
• District 6 (Hanover) – Democrat Kevin O’Connell of Silver Creek is facing Republican Gary Cerne of Irving. The two are vying for the seat currently held by Borrello, who is running for County Executive;
• District 8 (Ellery and North Harmony) – Democrat Jeri Ann Simora of Stow is challenging Republican incumbent Pierre Chagnon of Bemus Point;
• District 11 (Jamestown) – Democrat Frank Besse is challenging Republican incumbent and County Republican Party Chair Dave Wilfong;
• District 12 (Jamestown) – Democrat Dave Reinhardt is challenging Republican incumbent Elisabeth Rankin;
• District 16 (Kiantone, Carrol, Poland) – Democrat and Poland Town Councilman Terry Walker of Kennedy is facing Republican John Davis of Frewsburg. The two are vying for the seat currently held by Republican Ron Lemon (Frewsburg) who has announced he will not seek reelection;
• District 18 (Chautauqua, Sherman, and Mina) – Independence Party member Ella Ames of Mayville is running on the Democratic ticket and is challenging Republican incumbent and Legislature Chairman David Himelein of Findley Lake;
• District 19 (Westfield and Ripley) – Democrat Laurel Adams of Ripley is challenging Republican incumbent John Hemmer of Westfield.

It appears 10 races will be uncontested this year.

The four incumbent Democratic legislators are all seeking re-election and are apparently not being opposed by Republicans. They include Minority Leader Chuck Nazzaro (District 9 – Jamestown) Assistant Minority Leader Bob Bankoski (District 2 – Dunkirk); Christine Starks (District 4 – Fredonia) and Paul Whitford (District 13 – Jamestown).

Six Republicans, including five incumbents, are also running unopposed. They are Terry Niebel (District 5 – Dunkirk), Mark O’Dell (District 7 – Brocton), Paul “PJ” Wendel (District 10- Lakewood), Lisa Vanstrom (District 15 – West Ellicott), and Frank “Jay” Gould (District 17 – Ashville).

Republican Dan Pavlock of Charlotte will be running unopposed in the open District 14 seat, which is being vacated by Republican Mark Tarbrake (Jamestown), who is vacating the seat due to moving out of the district. District 14 covers the Town of Ellicott north of I-86, along with the towns of Gerry, Ellington, and Charlotte.

Republicans currently hold at 15 to 4 majority in the legislature.