Fullervision 2006 Archives


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ELECTION 2006 RESULTS

New York Governor
Eliot Spitzer (D) wins over John Faso (R) 69-29%
Cattaraugus County voters chose Spitzer over Faso, 50.5-49.5%
New York Comptroller
Alan Hevesi (D-Inc) leads Christopher Callaghan (R) 56-39%
Cattaraugus County voters chose Callaghan over Hevesi, 50-43%
New York Attorney General
Andrew Cuomo (D) wins over Jeanine Pirro (R), 58-40%
Cattaraugus County voters chose Pirro over Cuomo, 58-42%
US Senate, NY
Hillary Clinton (D-Inc.) wins over John Spencer (R), 67-31%
Cattaraugus County voters chose Clinton over Spencer, 55-45%
US House, 29th District NY (Kuhl vs. Massa)
John "Randy" Kuhl (R-Inc.) narrowly defeats Eric Massa (D), 51-49%
***MASSA REFUSES TO CONCEDE, WILL DECLARE PROTEST***
Cattaraugus County voters chose Kuhl over Massa, 56-44%
US House, 26th District NY (Reynolds vs. Davis)
Tom Reynolds (R-Inc.) defeats Jack Davis (D), 52-48%
New York Assembly, 149th District NY (Giglio vs. Witte)
Joseph Giglio (R-Inc.) wins over Linda Witte (D), roughly 57-43%
Seneca Nation Presidency
Maurice "Moe" John (Nation) def. Rickey L. Armstrong (Alliance)
Other notable races from across the country
US House Upstate NY: Jim Walsh (R-Inc.) defeats Dan Maffei (D) 51-49%
Michael Arcuri (D) defeats Ray Meier (R) to gain +1 in House
Kristen Gillibrand (D) defeats John Sweeney (R-Inc.) to gain +1 in House
US Senate VA: Allen (R-Inc) and Webb (D) tied, recount to take place
PA Governor: Ed Rendell (D-Inc) proj. to def. Lynne Swann (R)
US Senate PA: Bob Casey (D) proj. to def. Rick Santorum (R-Inc.)
US Senate CT: Joe Lieberman (Ind.-Inc.) proj. to def. Ned Lamont (D)
US Senate OH: Brown (D) proj. to def. Dewine (R-Inc.)
CA Governor: Arnold Schwarzenegger (R-Inc.) stays in power

TOWN AND VILLAGE BOARD MINUTES
Village of Little Valley Board Notes, May 23
Meeting called to order at 6:58 PM. Mayor Norm Marsh, Deputy Mayor Ted Nichols, Trustees John Bedell and Dawn Nyznyk, Treasurer-Clerk Peggy Harrison Root, and Public Works Commissioner Robert Milks were present.
Minutes approved.
No old business.
Voted on bond resolution for truck and plow; 5 years, $100,121.34. Vote was rejected, with Bedell voting nay. Milks attempted to convince Bedell otherwise, stating that the truck and plow were in poor condition and that having only one truck would be a high risk. Milks said that the old truck would be sold by bid or auction. Bedell rescinds no vote. Revote taken; motion carried.
Cattaraugus-Little Valley Central School requests use of pool for June 9, 12, 13, and 14. Audrey Snow discussed issues relating to the village pool. Pool set for opening June 19. Milks expressed concern over the filling and inspection of the pool. A recommendation was put forward for hiring 6 lifeguards as opposed to the 4 plus one part-time, as it would save on overtime pay. Savings would approximate to about $1,000. It was noted that the Salamanca pool would be closed this year and to expect increased turnout. Katherine Hutchinson and Brian Wrona were among the applicants for those positions. Motion carried to hire the two.
Organizational meetings. Hope Phillips added to flower planting. Meeting with state building inspector scheduled for Friday, 11:00 AM. Motion carried.
Thompson Ave. signs. “No Parking” and “No Standing” from Weekdays 7:00-4:00 signs recommended to be posted on both sides of the road. Marsh pointed out that local law would have to be changed in order for such a measure to be taken.
Milks requested a trip for a Western Regional BMA for June 15 with “Dave.” Motion carried.
Milks reported that the catch basin outside Uni-Mart is indeed owned by Uni-Mart.
Quote was given for a robotic water tank inspection which is needed for $1500.
Laborer position. 10 applications were chosen by Milks as unofficial finalists. It was intended to narrow that list down to five. Milks and Marsh noted that the position has a 6-month probation period and would lead into an apprenticeship program. Interviews for six of the candidates scheduled for Tuesday, May 30 at 6:00 PM. After significant deliberation, six candidates were chosen for 15-minutes interviews: Baker, Crowell, Stoll, Imhoff, Capron and Navarre.
Cleaner position. Marsh expressed his interest in having someone with their own equipment. Root recommended that the position be contracted to Allied Industrials. Motion tabled so that candidate Todd Shields could be further investigated.
Letter from Betty Learn attached to minutes. Learn expressed her praise for ousted clerk and treasurer Tammy Buchhardt. Learn said Buchhardt "excelled in several ways as treasurer/clerk" and that since the attorney general wasn't investigating the situation [in which the state comptroller indicated that Buchhardt misappropriated $72,000 in village funds], that the village should just accept the money already given and be done with the issue. Learn wrote in the letter that she wanted to avoid argument and that is why she wrote the letter instead of speaking at the previous meeting.
Letter from EPA that was sent out to 137 residents of the village to sample residential properties for trichloroethylene contamination attached to minutes.
Letter from Town of Little Valley to school attached to minutes. Text of said note was not available to Fullervision but other reports state that the letter condemned the planned closing of the Little Valley campus.
Temporary signs to be posted from Center St. to just beyond the Sibley residence on 9th and North 9th Streets.
Bedell noted that Kurt Vosburgh will require an exception to the noise ordinance to hold his annual mud bogging.
A dispute over a small piece of unknown property was discussed. Issue will be discussed on Friday morning.
Root noted taxes would be sent out May 31. Motion accepted to accept budget amendments.
Community yard sale would be June 3 and 4. Names will be taken.
Motion to pay bills and payroll carried.
Executive session not required.
Meeting adjourned at 8:08 PM.

Town of Little Valley Board Notes, June 12
Meeting called to order at 6:58 PM. William Farnham, Supervisor, Pat Isaman, Clerk, Robert Busekist, Assessor, Walter Fellows, Highway Superintendent, and Councilmen William Stoll, David Shinners, and Jerry Titus all were present.
Minutes approved.
Assessor’s Report. One complaint, a shed had been removed from a property and it had not been taken off the rolls. Norris Pipeline. Attorneys from Chautauqua and Cattaraugus Counties involved. Hoping to meet with Chautauqua County Assessors and Supervisors to get the issue settled. Request some hours for training, would like to go to Lake Placid but will settle for one day courses if necessary.
Chautauqua County increases assessments from 700 to 2100 in 3 years. Cattaraugus County doubled its assessment on the pipeline. A final assessment would be aimed for school tax time. Report accepted.
Justice Report carried.
Superintendent’s Report. Liebler Hill profiled, surface treated .6 miles in conjunction with Napoli. Mountain View description and survey in. Superintendent discussed complaint process. Motion carried. Hill St. excavation and surface treatment to take place in July. On hold because of Whipple driveway. Whig St. to be chipped in a few weeks. Mountain Hollow ditch and drainage work to be finished in the summer months. Truck repair delayed until August 30. Personal injury: “Willie” had a tendon injury with a cast, may require surgery, but is still working. Report accepted.
Clerk’s report accepted.
Supervisor’s report. A possible typo in one of the numbers was investigated and found to be correct. Report accepted.
Old business. Foster property discussed, still moving. Schumacher appears to be cleaned out. Hall place was inactive.
Notice from state. Susan Koch sent a grant in; status of grant to be known in Nov.
Koch would like to attend a seminar. $15 fee. Motion carried.
County’s report accepted.
Letter from CLV school board. They claim “basically, there’s nothing we can do for you.” Titus made jokes regarding Amo Houghton.
Bills accepted.
Meeting adjourned at 7:24 PM.

Village of Little Valley Board Notes, June 13
Board called to session at 6:59 PM. Mayor Marsh, Deputy Mayor Nichols, Trustees Bedell and Mosher, Clerk Root and Public Works Commissioner Milks were present.
Minutes approved.
Lenora Leasure of the Cattaraugus County Business Development Corporation made a presentation. An intern made a drive-through and took a quick survey of the businesses in this area in Fall 2005. The purpose was to have the village survey the local businesses and return that data to the BDC, who would create a barebones business plan for the village. She left copies of the “blue book,” a guide and kit for starting a business. Marsh asked whether or not the loans are from the state small business grants; Leasure clarified that it was a federal HUD grant, coupled with state small cities funds. She also clarified that loans were minimum $500 loans and maximum $25,000 at one time; $75,000 over life, and explained requirements for the loans.
Old business. Letter and certificate of appreciation from Southern Tier West, thanking Little Valley for a contribution to their membership drive. Letter from Center for Family Unity thanking them for the use of the stoplight for their fundraiser; they raised $3000 during said fundraiser. Reviewed Thompson Avenue local law to be looked over; public hearing would be set in July.
Motion to hire Scott Navarre as laborer as per the last meeting, carried. Navarre will start June 22.
Todd Shields was originally selected for the cleaner position but backed out after the costs were too great. With that, Allied Industrials was chosen for the position. Motion to hire for one year carried.
Milks report:
Thompson Ave. was measured; it is 300 feet.
Got a quote from Derrick Askey to seal basketball court, threw in lining free of charge, total of $300. Motion carried.
Water school. Three from the water department would like to attend the one in Olean on July 19, one would attend the one in Jamestown on July 20. Milks described what was taught at the school. Fee was reported as $35. Motion carried.
September 28, Embassy Suites in Syracuse. Independent Energy Efficiency Program conference. Milks would like to attend. Motion carried.
Pool. Pool is in solid condition. Milks discussed the use of the pool by large groups. Milks would like to charge for the use of the facilities because of garbage collection fees. Bedell did not realize that charges were not being levied. Marsh proposed a $25 fee for large groups. Milks said there was a breakin at the pool; David Shinners pulled out the perpetrator, who was unidentified and broke in by bending the fence. Motion to impose the fee on pool and pavilion rental for large groups carried, with Marsh opposing on the grounds that people would complain.
Sidewalk and road work discussed.
Electric utilities systems were discussed.
Bedell requested that a letter be sent to the sheriffs’ department regarding adolescents in the park and the bridge. It was noted that there was a 10:00 PM curfew, but because there was no local police, it was difficult to enforce.
Bedell addressed a meeting with Ron Bridenbaker and Ron Frentz.
Bedell requested executive session.
Marsh will attend a planning board dinner; speaker to discuss windmills, geothermal service and other alternative energy. Milks said that wind energy is good for a supplemental service.
Root presented final budget amendments on a sheet.
Personnel discussed in executive session.
Motion to pay bills and approve payroll reports carried.
Meeting adjourned at 8:01 PM.

Revised Village of Little Valley Board Notes, June 27
Board called to session at 7:01 PM. Mayor Marsh, Deputy Mayor Nichols, Trustee Bedell, Clerk Root, and Public Works Commissioner Milks present. Trustees Nyznyk and Mosher arrived at 7:03 PM.
Minutes approved.
Old business. Public hearing for Thompson Ave. local law as described in previous meetings.
Parking and standing shall be prohibited on the east side of Thompson Ave and southward for approximately 286 feet and on the west side from Rock City to the Heights during school hours. Public hearing set for July 11 at 7:00, during the regular board meeting. Motion carried.
Date is to be set for public hearing for adoption of NYS building code. Public hearing set for July 11 at 7:00, motion carried.
Motion to allow Cattaraugus County Fairgrounds to use fireworks during July 3 and 4 Freedom Daze celebration. Motion carried.
Letter from Cattaraugus County on shared services contract. Motion to execute contract carried.
Letter from Sheriff’s Department regarding youth violating curfew. Robert Bucchardt has been notified and has alerted road patrols on the situation.
Marsh shared his information he received at the conference regarding alternative energy sources.
Public works commissioner’s report. Vandalism at pool—volleyball net was torn (police were notified), garbage can rearrangement. Pool is otherwise good, noted the pool was up to 84 degrees.
Alice Thompson questioned the new policy regarding the charging of $25 for large groups using the pool and pavilion. She opposed the policy on account that taxes pay for the pool (but noted that she had no problem with out of village customers doing so). Milks explained that the policy has been to haul their own garbage and the users have not been doing so. The cost was about $17 plus trucking and labor. The board clarified that those who had previously arranged will not be charged. The board clarified that the swimming lessons went up from $10 to $20; the pool uses other organizations as the standard and tries to offer a significantly lower price. Thompson was very upset; Bedell noted that the heating was much higher and Thompson rebutted that the heat was too high to begin with. Milks stated that the heating cost $500 per month and also noted that lifeguards were hired for extra hours. Marsh noted that if one did not have the money to cover, the swimming lessons would be offered gratis. Thompson also complained that the lifeguards were not offering adequate instructions. Marsh noted that this has changed. Registration is continuing from now until July 3.
Mosher, Nyznyk and Nichols have no business.
Bedell stated that the Park Place apartments will be notified regarding that cleanup needs to be performed as soon as possible. Bedell complained about the families who behave in an uncouth manner including public drinking.
Bedell questioned the status of Audrey Snow’s lifeguard certification. Marsh said he would ask and that Snow has finished the EMT course.
Bedell posed the question of a village police officer as discussed in executive session in last session. Marsh said that the cost of running a police department would be too expensive and that at least four officers would be needed. Thompson asked about the sheriff’s role in shared services. Marsh said that the sheriffs do not patrol the village but act upon request of the village when something needs remedied. Root is looking into grant money and Marsh noted that there is the continuation of costs each year. Bedell wonders how Cattaraugus pays for their police department; Nyznyk noted that the taxes are four times as high. Mosher noted that our streets and roads are in much better condition than those of Cattaraugus. Nyznyk and Mosher noted that the village of Cattaraugus struggles to pay for their police department. Mosher concurred with Marsh on the cost. Nyznyk said that the concept could be pursued. Bedell expressed concern over apparent lawlessness on Mill St. Mosher and Milks said that a contract with the Sheriff’s Department would be $20,000 for 20 hours per week, based upon the contract that the sheriffs provided with the village of Randolph. Concerns were raised over the effectiveness of a police department.
Root said that the bank had questioned the village over passbook accounts. Little Valley is the only municipality that has not moved to online banking. Root noted that there would be a paper trail and that only she would be authorized to access the accounts. She also said that the convenience would be much greater. Mosher says it is a good idea. Nyznyk had reservations over the issue of online security but said that those experiences are personal. Motion carried, with Nyznyk opposing.
Root announced that Jeff Miller stopped in and will meet with Milks and Root regarding insurance. It was noted that there is little change in the insurance policy. Mosher recommended a comparison just for assurance. Others noted that few offered the insurance that the village currently has.
Motion to approve paying bills and payroll carried.
Executive session not needed.
Thompson expressed thanks for the village’s addressing the Thompson Ave. parking situation.
Miscellaneous discussion regarding trees that would be offered for free in the front of the house for those who wanted them.
Meeting adjourned at 7:46 PM.

NOTABLE OBITUARIES
JANUARY 27: ADAM FILOCK, 17
Died in snowboarding accident. Filock, of Cattaraugus, NY, was skiing without a helmet down an expert slope when he crashed into a tree. (WGRZ)
APRIL 25: JOCELYN WILD, 21 Died in automobile accident. Wild, formerly of Cattaraugus and Ellicottville, NY, was driving up Route 60 outside of Fredonia when an SUV rearended her into a bus. (Jamestown Post-Journal and other sources)
APRIL 28: GERARD "JESS" FITZPATRICK, 78 Chairman, Cattaraugus County Legislature; died of natural causes. Crystal Abers succeeded Fitzpatrick as chairperson, the first woman to hold the position and the first to succeed to the post because of a death. (Olean Times-Herald) Fullervision photo, June 2005

CONTINUING COVERAGE: NEW YORK STATE, SENECA INDIANS, AND CIGARETTE TAXES
2/20: NYS Tax Dept. Won't Enforce Legislature's Edict to Collect Taxes on Indian Cigs & Gas (Gannett)
2/21: Barry Snyder responds: "We were sovereign and tax-exempt in 1866, and we are today" (Salamanca Press)
2/22: Seneca-Cayugas to build Auburn casino and pay the taxes... P.S. they're from Oklahoma (AP)
2/23: Anti-cigarette crusader Spitzer proclaims: NYS Tax Dept. "breaking the law" (AP)
3/1: It's March 1, and everyone's in limbo... (Salamanca Press)
3/8: Senecas having difficulty getting product from wholesalers (Salamanca Press)
3/10: Feds seize nontaxed cigarettes (Gary Nease, WPIG)
About a quarter million cigarettes headed for a Seneca Nation business have been seized by federal authorities. According to court papers, federal agents armed with a warrant made the seizure last week at a truck stop in Cheektowaga. According to federal prosecutors, the cigarettes did not have the legally-required tax stamps on the packages. The Irving-based company where the cigarettes were headed has the right to contest the seizure, according to federal officials.
3/10: Cigarette tax issue still smoldering (Salamanca Press)
3/13: Barry Snyder calls out Spitzer and Schumer (Gary Nease, WPIG)
Seneca Nation President Barry Snyder is demanding an apology from State Attorney General Eliot Spitzer and Senator Charles Schumer, concerning their attempts to ban the shipment of tobacco products through the postal system. Snyder said Spitzer and Schumer should apologize for calling Seneca’s who sell cigarettes part of a “massive criminal enterprise.” Schumer plans to submit legislation to Congress that would ban the shipment of cigarettes through the mail. Snyder said to do so would deny legitimate businesses the ability to compete.
3/16: Cigarette supplier to stop serving Senecas (Gary Nease, WPIG)
A lot of Seneca Nation retailers are scrambling to find cigarette suppliers, as the major supplier of cigarettes to the smoke shops announced yesterday it is suspending shipments to reservations. Milhem Attea & Brothers made the announcement yesterday, saying they cannot risk having to pay state sales taxes on the cigarettes before they are sent to the reservation smoke shops. State Attorney General Elliott Spitzer has called for Governor Pataki to enforce a law that went into effect this month, requiring the state to enforce the collection of the sales tax, and has said that cigarette wholesalers face criminal prosecution if they continue to sell to the reservation shops.
3/16: Barry Snyder proposes using "protected sources" to keep the cigarettes coming (Salamanca Press)
3/17: Spitzer threatens legal action, and Senecas aren't happy (WKBW Buffalo)
3/19: Tax Dept. instructs wholesalers to ignore state tax law (AP)
3/20: SENECAS START TO STOCKPILE TIRES (WBEN Buffalo, Dave Rowley, WDOE and Josh Hatcher, WESB)
Tobacco suppliers have started shipping to Seneca Smoke Shops again, despite Attorney General Elliott Spitzer's promise to enforce a law calling for collection of sales tax on cigarettes sold to non-Indians by Native Americans. Late last week, Indians started stockpiling tires and wood pallets like they did the last time the state tried to collect the tax. Tire fires were started in protest, and access to parts of the New York State Thruway and I-86, which run through the reservations, were blocked. Spitzer says he doesn't want to see a repeat of that. The tax collection law went into effect March 1. Governor George Pataki says he is against it.
4/28: State to try and make selling cigarettes to tax-exempt organizations illegal (Buffalo News)
5/4: Cigarette distributors sue state over Internet sales, citing interstate commerce (AP)
6/12: Big Tobacco joins fight over cigarette taxes-- in favor?? (Buffalo News)
6/22: NYS lawmakers pass bill outlawing sale of cigarettes to tax-exempt organizations (AP snippet and Gary Nease, WPIG)
Officials of the Seneca Indian Nation say they will consider “any and all” options in the light of the New York State Legislature’s latest efforts to stop the illegal sale of cigarettes on Native American territory. The Legislature passed a bill yesterday banning tobacco companies from doing business with wholesalers who supply tobacco products to Native American retailers. In a statement released yesterday, Seneca Nation President Barry Snyder, Sr. said the Seneca Nation and individual retailers cannot be denied the ability to purchase tobacco products because they are not subject to state taxes.

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