Chautauqua County Legislature meeting (May 24, 2023)

The Chautauqua County Legislature has voiced their support for the State of Emergency declared by the County Executive that bars housing new immigrants in Chautauqua County.

Legislator Terry Niebel brought the motion to the floor, saying that more immigrants are being relocated to upstate from New York City, “The problem with this is, if some of these folks are relocated to Chautauqua County we’re just not adequately equipped to take care of 500 or, perhaps, a thousand new immigrants. In my opinion, the Legislature needs to support the County Executive’s State of Emergency.”

Legislator Susan Parker said she agrees that the process needs to be slowed down but doesn’t want to prohibit immigrants who come to the county on their own, “We have to have the infrastructure and all of the services and we can’t bankrupt the county in the process. But, my belief is that the ultimate goal could be to allow with the infrastructure… these people are coming, they’re eager to work, they want to work, they’re in search of work, and we need workers.”

Under a federal law passed in 1996, asylum seekers are required to wait at least half a year after filing an asylum petition before being able to obtain authorization to work. Governor Kathy Hochul, this week, called on the White House to expedite work authorization for the thousands of asylum seekers in New York City.

The Legislature passed a motion by a vote of 15 to 2 in support of the declaration. Legislators Susan Parker and Tom Nelson were the two no votes.

Chautauqua County Legislature meeting (May 24, 2023)

The Chautauqua County Legislature has passed a resolution supporting state bills that alter how the county can spend the bed tax monies it collects.

With the County’s 5% occupancy tax up for renewal by New York State, Assemblyman Andy Goodell and State Senator George Borrello have sponsored legislation that requires half of the 2% allocated for lake management and enhancement funds be used for “activities that control, treat, and/or remove invasive or nuisance submerged aquatic vegetation, reduce harmful algae blooms, or provide shoreline cleanup.”

There are no changes in the 3% allocated toward tourism efforts.

Legislator Susan Parker motioned to amend the resolution, saying she supports the extension of the occupancy tax, “And I support removing the strict expenditure requirements proposed by Assemblyman Goodell and Senator Borrello. This amendment will allow the county legislature to elect to allocate occupancy tax monies at its discretion as I think it should at that level without the dictate of New York State.”

Legislator Elisabeth Rankin countered that the state has always had a say in how the money is spent, “This is not unusual for them to do that and the state absolutely has the right to suggest how this money is spent. It’s without them and without their support, we would not have the occupancy tax. It’s just like the fact that if we wanted to increase the sales tax by 1%, we have to have the state’s support.”

Legislator Terry Neibel said he would be voting no against the amendment due to state representatives indicating there isn’t time to make changes to the resolution.
The amendment failed 3 to 14 with just Legislators Bob Bankoski, Tom Nelson, and Susan Parker voting yes. Legislators then unanimously passed the resolution.

County Executive PJ Wendel said the change in allocation should not affect the Watershed Coordinator position, “We’ve already made changes and corrections. You might see some increases in departmental budgets now. We’re looking for the best places to put some salary for Dave McCoy. He’s not living lavishly, but it’s where do we find that salary and do we take it from two different departments, do we put it in one.”

The extension of the 5% occupancy tax goes through the end of 2025.

Chautauqua County Legislature voting session (April 26, 2023)

Despite calls to table the measure for more discussion, the Chautauqua County Legislature approved using $1 million in American Rescue Plan funding for the Jefferson Project.

One of a handful of public comments opposing the funding included Chautauqua-Conewango Watershed Consortium representative Jane Conroe, who stated the Legislature should be leading with science, “Why would we pay for understanding algae mechanisms that we already have information for? The very comprehensive ‘Harmful Agal Blooms Action Plan for Chautauqua Lake’ that we already have has much of this information. California, the Southern California Coastal Water Research Project has done extensive research along with Scripps Institution of Oceanography. The need for a complete agal DNA reference library has been taken up by this organization.”

Former County Executive Vince Horrigan submittted a letter in support of funding the Jefferson Project saying the project “brings a professional outside and an objective approach” to identifying issues in Chautauqua Lake.

The Jefferson Project is a collaboration of Rensselaer Polytechnic Institute, IBM Research, and the Lake George Association that is conducting water quality and Harmful Algal Bloom (HAB) research. It was introduced to Chautauqua Lake in 2020 in partnership with the Chautauqua County Government, Chautauqua Institution, and the Chautauqua Lake and Watershed Management Alliance.

Legislator Tom Nelson made a motion to table the resolution, saying more discussion was needed. The motion failed 5 to 14.

Legislator John Hemmer echoed the need for more discussion, saying there was not enough information for how the $1 million would be spent and what would be done, “I listened to the presentation that was given and it was a lot of talk about testing and research. And nowhere in the presentation did they say anything about the solution to the problem being presented at the end of the research.”

Legislator Bob Bankoski said it was advantageous for the Legislature to move forward with the project, “I do agree with some of the people that made comments today. I think some of this stuff is very vague and I really, really hope that we have some locked down answers. When they’re done with this project I want an action plan from them that tells us exactly what to do.”

An amendment by Legislator Tom Harmon to add language to the resolution saying that “this funding would be used for research and ongoing work in 2023” did pass.

The final vote was 17 to 2 with Legislators John Hemmer and Susan Parker being the only no votes.

Irwin Bay Cottages owner Julie Holland addresses Chautauqua County Legislature (March 22, 2023)

The Chautauqua County Legislature has rejected a proposal to increase the occupancy tax rate.

Chautauqua County Executive PJ Wendel had proposed, as part of the occupancy tax renewal with New York State, to raise the current rate from 5% to 8%.

His proposal included dedicating the additional 3% in tax income toward funding waterways in the county. Currently, of the 5% collected, 60% is used to promote tourism with 40% going toward enhancing waterways.

A handful of lodging-related business owners spoke out against increasing the tax, including Maple Springs Lakeside Inn owner Rosary Stage who said she owns lakefront property and is just as concerned about Chautauqua Lake as anyone, “But I think at same, increasing the occupancy tax is not the solution to our problems. We have millions of unspent COVID money. Please use that. Our guests do know when our taxes increase. When they examine their bill at the end of their stay we get constant feedback about the amount of tax that has to be paid. When they compare the total bill to other vacation areas, we will become more uncompetitive and crossed off of future vacation lists.”

Irwin Bay Cottages owner Julie Holland questioned how the additional funds would be used, “Will they be used for yet another study, growing administrative costs that are going to entities already supported with county funds, or will they be used for definitive actions that will enhance our lakes and waterways? Funding for lakes and waterways is a broad term.”

A motion by Legislator Bob Scudder amending the resolution to remove the 3% increase to the rate was approved unanimously by the 14 legislators present.

Legislator Susan Parker said facts were lacking in the proposal received nine days prior to the meeting about the need for the increase, “Which would give Chautauqua County the highest occupancy tax in New York State. A study of the benefits versus the cost was not included, nor was a public discussion of the inclusion of stakeholders in consideration of this increase, nor any plans for use of the funds. A lot of questions remain.”

The amended resolution requesting a renewal of the 5% occupancy tax also passed unanimously.

County Executive Wendel said he wasn’t aware any legislators had issue with the resolution until just before the meeting, “I just wished somebody would have reached out.. I did hear from residents, who were here, this week, here tonight, and spoke tonight, and they called me. I said in my speech, I have an open door. People can feel free to call me, email me. Mr. Patel (hotel owner) has on several occasions. We’ve talked. I haven’t heard anything from anybody on whether this was supported or not supported.”

Wendel said while the current 5% rate doesn’t expire until November, the Legislature needed to submit a renewal request before the end of the state legislative session in June. He said if the proposal had been adopted, the new rate wouldn’t have gone into effect until January 1, 2024.

Wendel added that he will be “going back to the drawing board” in terms of looking at ways to fund Chautauqua Lake and county waterway needs.

Chautauqua County Legislature meeting (January 25, 2023)

The Chautauqua County Legislature has approved the creation of a County Media Information Officer position, but not without some contention.

The position will be charged with disseminating all county communications and will be located in the County Executive’s office.

Democratic Legislator Susan Parker said she was against the creation of the position because it wasn’t a good use of county resources, “The County Executive Department is a tax-funded department. And in 2013, had three employees and in 2023 has now seven, which is an increase of 124.4% in the County Executive’s staff. So, I don’t feel like there’s need or that it is a good use of tax funded money.”

Republican Legislator Lisa Vanstrom countered, saying the position is important given what was experienced during the Pandemic with misinformation, “That we have a solid message to send out that’s in line with what we are are doing and transparency included. I think that our County Executive is trying to promote transparency and camaraderie with on top of the whole team here but with the public.”

Democratic Legislator Tom Nelson said while he agreed a Media Information Officer is necessary these days, he thinks the duties should be handled by someone already employed in the County Executive’s office.

Republican Legislators Terry Neibel and Elisabeth Rankin also voiced their support of the local law with Democratic Legislator Billy Torres echoing the same concerns as other Democrats.

The position comes with a salary of $60,475 to $92,778. The local law passed by a vote of 13 to 3, with Parker, Nelson, and Torres voting no.

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.

Chautauqua County Legislature (May 25, 2022)

After voting down a proposed change that would have phased in payments for Jamestown, Dunkirk, and Westfield, the Chautauqua County Legislature approved a local law amending the County’s Worker’s Compensation Plan.

The local law changes the county administered plan so that costs are now allocated at 60% experience and 40% on wages. Previously, the costs were allocated at 60% experience and 40% property valuation.
Legislator Bob Bankowski proposed an amendment that would have allowed a two year phase in of the plan with proposed allocations the first year based 10% on valuation, 30% wages and 60% experience.

He agreed that the way the plan was set-up has been “broken” for many years and that it needed to be fixed to make it fair and equitable to all taxpayers, “But I just feel that with the amended print two that I proposed, it’s not going to be that drastic an effect on everyone. It phases in over the course of two years and everything should be fine. It gives Jamestown and Dunkirk some time to actually get their ducks in a row and make adjustments in their budget.”

County Finance Director Kitty Crow stated at the meeting that the increased costs to the Village of Westfield will be $7,766; $86,139 to the city of Dunkirk; and Jamestown would see an $157,315 increase in costs. She confirmed in email to WRFA that any municipality with an unusual increase now has the option of an installment payment plan and that this language was intentionally added to allow a phase-in by way of a payment plan.

The amendment proposed by Bankowski failed in a vote of 6 to 12, with Legislators Bob Bankowski, Susan Parker, Elisabeth Rankin, Billy Torres, Paul Whitford, and Dave Wilfong voting yes. Bankowski also made a motion to table the law for further discussion and that also failed 6 to 12.

The local law ultimately passed 15 to 3 with Legislators Bob Bankowski, Susan Parker, and Dave Wilfong voting no.

Finance Director Crow also clarified at the meeting that while the 2023 budget will see a $700,000 savings under Worker’s Compensation, the savings would have happened regardless of whether the Legislature changed how the plan costs were allocated.

Jamestown Mayor Eddie Sundquist stated earlier this week that city is already looking at other Worker’s Compensation firms under the assumption the local law would pass.

County Attorney Stephen Abdella and Finance Director Kitty Crow address Audit & Control Committee (April 21, 2022)

Democratic Chautauqua County Legislators are expected to pre-file a resolution Friday morning to alleviate the sales tax on gas in the county.

County Attorney Stephen Abdella informed the Legislature’s Audit and Control Committee that he had been contacted by Legislators Susan Parker, Bob Bankowski, Paul Whitford, and Billy Torres. Their resolution that would be on Wednesday’s full County Legislature agenda would opts for the fixed sales tax rate of 12-cents per gallon. Abdella said they had not set a sunset date for the resolution but were considering March 1.

Finance Director Kitty Crow said the county should still meet budgeted sales tax projections with the proposed 12-cents per gallon rate resolution, “So we wouldn’t expect a surplus and we wouldn’t expect a deficit. You know, I think that that would result in us coming in at budget.”

Crow said sales tax from motor fuel sales typically account for about 6% of the budgeted sales tax revenues.

No legislators from Audit and Control offered to co-sponsor the resolution, citing the need to gather more information about how it could affect local municipalities’ budgets. County Executive PJ Wendel said he had directed county staff to reach out to local municipalities to see if that information could be gathered before Wednesday night’s meeting.

Chautauqua County Legislature

While a motion in support of best practices to overcome COVID-19 failed to receive enough signatures to come to the floor, it garnered an hour’s worth of public comment at Wednesday’s Chautauqua County Legislature meeting.

The motion proposed by Fredonia Democrat Susan Parker included language supporting the County Health Department in their efforts to get residents vaccinated and encouraging residents to wear masks. It needed 10 signatures to come to the floor to be voted on and only received four.

Of those who spoke at the first privilege of the floor, ten residents spoke in favor of the motion while eight spoke against it.

Barbara Colt, speaking on behalf of the Chautauqua Cattaraugus Women and Men’s Action Group (CCWAG), said they support the County Department of Health and State Department of Health, “Our Department of Health and Human Services has fought relentlessly for more than two years to reduce the overwhelming effects of COVID. A disease that continues to damage, debilitate, and extinguish the lives of our county residents. CCWAG requests that the County Legislature supports these public health measures and policies.”

Seth Viticus of Jamestown encouraged the Legislature to withdraw the motion, saying it offered nothing new in combating COVID-19, “I propose to talk with County Health Department to instead encourage more healthy lifestyle choices, so when people do get the COVID virus their body is better suited to fight it. I’m not here to debate the vaccine or the masks, but if we’re going to waste resources and manpower, then let’s use it for something more productive.”

Legislator Terry Niebel said he while he supported parts of the measure, there were other items that led to him not signing the motion, “Where it talks about residents age five and older, we’re encouraging those people to be vaccinated – our residents five and older are children. That should be a decision between the children, their parents, and their doctors.”

Legislator Parker commented at the second privilege of the floor, saying the motion was presented for a simple reason, “That the Chautauqua County Legislature endorses and supports our County Health Department’s every day efforts for over two years and continuing to protect Chautauqua County residents from the most deadly and debilitating pandemic in more than a century.”

Parker said Legislators missed an opportunity to endorse the legitimacy of the Health Department’s work in the community, “We missed an opportunity to show support for our medical community bearing the brunt of treating the sick and dying residents. We missed an opportunity to show support for our schools, businesses, and organizations that are all working to stay open and continue serving our community.”

The County Legislature approved a number of resolutions including the approval for the Public Defender’s office to lease 4,147 square feet of space on the third floor of the Jamestown Municipal Building. The five year lease starts at $4,479 this year and increases each year to $5,374 in 2026. Public Defender Ned Barone expressed his thanks to the Legislature for their support.