A lot of great things are afoot in Chemung County right now despite the unfortunate dispute between the County Executive and Legislature. The new building on Water Street, featured above, is nearing completion, construction is well under way on Lake Erie College of Osteopathic Medicine’s campus, and community spirit was outright feverish on St. Patrick’s day when Elmira snagged the Guinness World record for the largest human shamrock from Dublin, Ireland.
Below is a recap on several other matters that are keeping everyone who is involved with local government very busy at the moment!
City-County Relations
A City-County Commission, established earlier this year, has held four in-depth sessions, and is beginning to narrow its focus on 3-5 concrete ways the two entities may be able to work together to help shore up the Elmira’s financial situation.
The Commission – made up of County Legislative Vice-Chairperson John Burin, County Legislators Scott Drake, Marty Chalk, Bill McCarthy and myself, Elmira Mayor Dan Mandell, Elmira City Councilpersons Jim Waters and Joe Duffy, and former Elmira Chamberlain David VanderMark – will hopefully we have enough data to offer a comprehensive report to the public by the end of 2019, if not sooner.
What I can report is that we are working very hard to identify real-world solutions that will have identifiable benefits to taxpayers. None of the topics involve public safety consolidation, as we recognize the absolute need to have representatives from those sectors at the table before any such discussions could ensue. The resolution creating the Commission calls for us to share our ideas with County Executive Chris Moss periodically, something that should go a long way toward fostering a true City-County partnership on these issues well into the future.
IDA Projects
Earlier this month the Chemung County IDA approved two new solar projects encompassing 188 acres in Big Flats and the Town of Horseheads, described here.
The Star Gazette offered a concise overview of the expected benefits along with public assistance for these projects:
A discussion ensued at the IDA meeting where we considered these projects regarding the proposed PILOTs. Through that discussion I learned the Chemung County IDA adopted a policy specific to solar energy roughly a year ago before I was a member to help encourage solar energy companies consider Chemung County for development.
Although I am still fairly new at analyzing and comprehending IDA matters, this policy seems to make a lot of good business sense. Job growth in the clean energy sector has been strong globally for the past decade, but the United States continues to lag behind as described in a 2018 article by Forbes Magazine, found here. Finding ways to help encourage that kind of growth right here in Chemung County seems like a very smart way to go.
New Visions Partnership
When I was in law school at the University of Montana, I took an innovative course called “Legislative Drafting.” Grouped with two classmates, we drafted a bill updating parts of Montana’s criminal evidence rules to comply with recent case law and, after presenting them to the state legislature, had the excitement of seeing our bill signed into law.
Shortly after being sworn in on January 1, I contacted Paul Richmond, the director of GST BOCES’ New Visions program to see if we could create a program similar to my law school class that would allow high school students to learn firsthand how local government functions.
New Visions, a highly selective program for high school students in the Southern Tier, allows participants to spend time in the field learning about potential career paths – and, I hope, showing them that Chemung County is a great place to live and work!
Paul Richmond quickly jumped on board. We currently have over a dozen students working on three relatively straightforward, non-controversial resolutions related to the environment because, as I stated above, our region has a lot to gain through clean energy.
Becoming a Complete Street County
A Complete Street is a roadway planned and designed to consider the safe, convenient access and mobility of all roadway users of all ages and abilities. This includes pedestrians, bicyclists, public transportation riders, and motorists; it includes children, the elderly, and persons with disabilities. Complete Street roadway design features include sidewalks, lane striping, bicycle lanes, paved shoulders suitable for use by bicyclists, signage, crosswalks, pedestrian control signals, bus pull-outs, curb cuts, raised crosswalks, ramps and traffic calming measures. More information can be found here.
Benchmarking
Local governments can adopt a policy to report the energy use of municipal buildings on an annual basis and, in large communities, also adopt legislation requiring the annual disclosure of energy use in large private buildings. This is one step Chemung County can take toward becoming a NYSERDA-designated Clean Energy Community. More information can be found here.
First steps toward becoming a DEC-certified Climate Smart Community
The Department of Environmental Conservation’s Climate Smart Communities (CSC) Certification program provides local governments with a robust framework to guide climate action and enables high-performing communities to achieve recognition for their leadership. This topic involves addressing steps 1 & 2: Adopt a Climate Smart Communities Pledge and Address Next Steps for Local Governments. More information can be found here.
Our plan is for the students to work with me to conduct a thorough analysis of each measure, including its potential economic impact, and we in a position to present three resolutions to the Legislature before graduation in June. Fingers crossed on all of this!
Town Hall schedule
Due to difficulties on my end, I needed to move my March Town Hall event to early April. This is a final schedule for the rest of 2018. Everyone is invited to attend regardless of whether you live in the 7th Legislative District.
Legislative Attorney
Finally, I need to address a not-so-good matter. I saved it for last because the issue seems to be outshining all of the really great things that are happening and sends a confusing message to the community about the state of affairs in local government.
The bottom line is this: the Legislature was presented with a fight it didn’t want and one the community certainly did not need.
I was in a meeting with County Executive Moss and a small number of legislators when he announced he was “firing” our attorney. I asked the first question following his announcement, which was something to the effect of “[c]an’t we find a way to work this out short of litigation by using a mediator or some other type of independent person to help us sort through the law.?”
Moss’ answer was an unequivocal no, and we were told we would need to go to court if we wanted to challenge his authority.
Despite that proclamation, the Legislature showed restraint by not filing anything in court and, on March 11, tabling a resolution to hire lawyers for the ourselves and County Executive. The next day we learned Moss had already filed a lawsuit against us through the County Attorney, and we learned last night that even though we had tabled the resolution to hire any private lawyers, Moss disregarded it by hiring one anyway who prepared extensive papers that have now been served upon us.
The notion of spending taxpayer money or any additional time on this is incredibly disheartening, but there unfortunately does seem to be an alternative. Ithaca lawyer Ray Schlather had generously agreed to handle this case pro bono. His offer was turned down by the Legislature, and frankly now that Moss has made multiple extensive filings from two lawyers, asking Attorney Schlather or anyone else to do it for free is a probably a little unreasonable.
Last night the Legislature voted 14-1 to move ahead with hiring a lawyer to defend us. I was one of the yes votes because, despite what some people may think, this matter is not petty. It’s about fundamental separation of powers issues that if we ignore now will bog the entire process down over the next four years.
Moreover, it is about standing up for a person we have selected to represent us.
Dave Manchester, the Legislative Chairperson, offered this statement to the media following the meeting on behalf of those who voted in favor of the resolution to hire a lawyer:
Statement of the Legislature
On January 1, 2019, we unanimously voted to hire Bryan Maggs to serve as our attorney. From the time he was sworn into office, Attorney Maggs has worked tirelessly to fulfill his duties to us and to the community. He is an excellent attorney, is a good and ethical person, and he is highly regarded in the legal community. His working knowledge of this County’s operations, and his experience with municipal law have been very helpful, as nearly half of the Legislature is new. His willingness to explain and teach us has benefited the entire legislative process immensely.
County Executive Moss has raised several issues related to our attorney’s ethics, conduct and character. These are matters we take very seriously, and we have taken the time to investigate each allegation. In our opinion, based on everything we know and have seen, Attorney Maggs has not engaged in any conduct that warrants this target to remove him. To the contrary, what we have learned reaffirms that Attorney Maggs is the right person for this job.
Specifically, there was nothing improper about the Barclay Damon law office working on Chemung County cases. The Legislature and the County’s insurance companies choose (by authorizing contracts) the law firms that defend lawsuits brought against the County, not the County Attorney. The Barclay Damon law firm has achieved excellent results at a reasonable cost. Attorney Maggs’ activities as County Attorney were consistent with the expectations that were placed on the office of County Attorney by this Legislature.
My sincere hope is that we can work through this issue as quickly and cheaply as possible, and continue keeping our focus on the things that matter most.
–Christina Sonsire
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Loading...One America News Network? Maybe we do have to question the judgement of the legislature.
Loading...I too hope this issue is resolved and the good work to improve the ethical and moral operation of Chemung County becomes the priority.I do question whether this whole situation is being used as an opportunity to address separation of powers between the executive and legislative branches rather than whether the person in the position of attorney is truly the best fit. It appears he is being used as a legislative pawn. Many organizations have removed competent people in high positions, that for whatever reason, have created a difficult work environment for other employees, demonstrated questionable behaviors/practices or simply to infuse new blood into a stale work force. It is important to have a team that works to support the mission of the organization in a professional way. I trust the County Executive has good reason for the actions taken even if not everyone agrees. He was voted into the position by a huge majority or Chemung County residents demanding change. It is a new era in business and government.Just because we live in Chemung County doesn’t mean the government cannot embrace a new direction. Time to stop typical “back room” deals and self promotion. In turn, let’s promote diversity, demand ethical behavior, and energize the work force! Simply put……..do the right thing. I am anxious for a court ruling to clarify issues that have been explained, in my opinion, inconsistently.
Loading...While the Exec could have been more diplomatic in the handling of this situation and it definitely serve to foster spirit of cooperation, many out there see/understand what he is doing. Reading the Charter start to finish, there is no support for what the Legislature has been doing and past practice does not necessarily make something right. It would be nice if an outline were provided by the Legislature,with specific support in the charter, as to where they see this as their domain.
There did not appear to be as much wish for compromise as is being explained otherwise why did the Legislature make a motion to amend the Law to allow for the continuation of the position(knowing full well the Exec would not be able to veto)Further, if the Legislature wishes to amend the Charter it is my understanding that any such changes are to be put before public referendum.
Voters of the County spoke last election and the demand was that the old ways of doing things were to end, it is a shame that to accomplish this, we the taxpayers must foot the bill.
Loading...I believe what Mr Graubard has stated about Executive Moss “ cleaning out the cobwebs “ is in fact an apt description here . I also believe that all the facts from both sides will be judged fairly in Court , and an equitable decision will be handed down . The New Legislators were Elected to freshen up what had become a stale and stalled entity and I’m sure they will do just that once this controversy is settled , according to the Charter of course . The County Executive was Elected for pretty much the same reasons as the new Legislators and should be given the same chance as the they ! I see no reason to accuse any one of the two of being divisive , if such a state exists it is on those that take sides in the matter . As I stated earlier on , after this matter is settled , we should all be thinking about what’s best for Our County not whose team is winning . Thank you for allowing me to add my opinion .
Loading...Hey, I know those folks in the green bags! 🙂
Loading...Great job to all the 1,200 citizens from across Elmira/Chemung.
And, thanks for the update Christina.
This is very discouraging that the County Executive seems to following the lead of our President Trump. Mr. Moss seems to be campaigning for the Governor of New York State. Mr. Moss is being divisive for Chemung County, that is the easy thing to do. It is much harder to be a leader. Mr. Moss, do your job. You have your citizens counting on you to bring the county out of its economic doldrum. Being divisive is not the correct way. What business or person will want to move here with the divisive atmosphere that you are making worse with your quest for power? This could be your last term. You can go down and collect unemployment with your buddy, Krusen.
Loading...Mike,
Loading...An elected official can”t get unemployment. However if they are in the NYS Retirement system long enough they can get their pension. Moss knows where the cobwebs are & he is cleaning them up. It appears to me his beef is more with who was selected to be the Legislative Attorney. Are you aware of his reasoning for not wanting this individual & thus firing him.