Coming Soon to a Town Hall Near You!
Staring Austin Warner as the Monster, Pat MacIntosh as the Mistress with Jim Nesbitt as the Igor the Geek.

Hamlin's burning Ship of State



The Real Reason

Much of the community remains in shock about Supervisor Warner’s seemingly abrupt decision to step down. As The Blog reported the day before his announcement, rumors had been circulating that Warner was planning to quit. The reason cited by knowledgeable insiders was always, “health.” Warner told friends that while his health had taken a downturn, it was his wife’s concern for his well being that was driving his decision. This explaination was repeated so often that Warner was clearly the source.

In truth, Warner’s health is fine. Despite a bad cold and recent knee surgery he is as healthy as he has ever been. “Poor health,” is a cover story.

So is the feeble rationale he offered to the Hamlin Republican Committee on Tuesday night. There he claimed that the job did not pay enough money and he couldn’t support his family on the income from this part time job. Warner’s salary and benefits comes close to $30,000 annually. Not bad for a part time job. He also claims to be an ad salesman for a local publisher of a free newspaper. Can money really be the reason he is quitting? Six years into the job and he is feeling the pinch only now?

No, that storyline is also a cover up.

The real reason that Supervisor Warner is stepping down is because of pressure from the Town’s insurance company to settle the Larry Gurrslin “Wrongful Termination” lawsuit! Warner has been told he must settle or risk losing insurance coverage for the town!

He refuses to settle!

On October 13, 2003, Warner conducted a kangaroo court which resulted in a 3-2 vote by the Town Board to fire Hamlin’s Building Inspector, Larry Gursslin. The Supervisor’s persecution of Gursslin was extraordinary. Both Councilmen Paul Rath and Ed Evans went on record opposing the firing. They stated that the town had established procedures for terminating an employee and that these procedures were not being followed. Rath said that the Hamlin “Employee Handbook” laid out a clear process and it was being ignored. He warned that the town was opening itself to a lawsuit. Warner pressed the issue and Gursslin was terminated with votes from Warner, George Todd and Shirley Hollink.

Until now, most of the facts surrounding the Gursslin matter have been hidden from the public. However, a careful examination of public record sheds light on the events. In the summer of 2003 Gursslin served a summons on the homeowner of a very expensive property on Summer Haven Road. The summons resulted from the homeowner’s refusal to comply to an “order to conform” from the Building department. The order was to remove a fence which had been built in violation of Hamlin’s zoning code. The homeowner refused to correct the violation and enlisted powerful, “outside” political influences to help crush the complaint. This political leverage came in the form of a letter and phone calls from the homeowner’s neighbor. The neighbor is a well known Rochester attorney and allegedly very influential in the Monroe County Republican Party. In the letter he demanded that the Supervisor intervene in the zoning matter and menaced Warner with hints of serious political damage if the matter was not fixed. The implication was clear: Get your Building Inspector under control; leave my neighbor’s fence alone- even if it is a violation- or suffer serious political consequences from the Republicans downtown!

Warner crumbled. He rushed to Gursslin and demanded that the matter be droped immediately. Gursslin refused. He told Warner that it was a matter of law, that the summons to Town Court had already been issued and that it would be resolved by the judge. Warner was furious and commenced the action to fire Gurrslin. The community was startled by the speed at which the Supervisor drove the termination. He held a “special” town board meeting to set the hearing on a Saturday morning when he knew both Rath and Evans were out of town! Warner never revealed to the public, or the Town Board, what the rush was about. In fact, he was in a hurry because he wanted to fire Gursslin before the court date! With Gursslin out of the way, he could quash the summons! That is what happened.

Making matters worse, and in violation of the law, Warner purged town records immediately after Gursslin left office! This was reported, with photographs, on The Blog on Tuesday, October 21, 2003.

There is no doubt that Warner’s termination of Larry Gursslin was “unlawful.” There is no doubt that the Town of Hamlin will lose the lawsuit. That is what brings us to Warner’s sudden decision to quit.

People close to the legal negotiations have indicated that the town has made several offers to Gursslin to settle, but he has refused. The sticking point is an apology! Gursslin believes that the Town (Warner) severely damaged his reputation by not giving a public reason for the firing. By terminating his job, with only two months to go on his contract and failing to name a cause, the Town created an environment of speculation. That speculation has caused unmeasurable harm to his public reputation and made finding new employment difficult. He wants Warner to write, sign and publish a clarification of the matter and apologize for the action!

Warner refuses.

This, in turn, has created a very difficult situation for the company which provides litigation insurance to Hamlin. All insurance companies have a dollar range which they will pay out for various types of injury. This range will be negotiated with a plaintiff to settle their case. If the company feels their client is wrong, they offer a higher dollar amount. Hamlin’s insurance company has made it’s best monetary offer, but Gursslin won’t take it without the apology!

Larry Gursslin has not sued for money, he sued to recover his reputation. Only that will resolve the issue. It is likely that Gursslin’s own attorney has urged him to take the offer but he will not accept any conclusion which doesn’t include a published apology and clarification.

Warner refuses to apologize. Stalemate.

How does this lead to Warner’s decision not to run? Because he has been so intractable, and Gursslin so insistent about an apology, the prospect of a settlement is at an impasse. Gursslin is ready to take the matter to trial. Hamlin’s insurance company does NOT want that. Not under any circumstances. They know the Town was wrong, the termination was unjustified and, probably, that Warner acted illegally in destroying documents related to the matter! The insurance company does not want a trial because they are confident they will loose and, if there is a jury trial, the payout could be huge. The costs of litigation alone, separate from any settlement, would be far greater then the range of acceptable dollars usually offered in this type of suit.

The insurance company is in a terrible bind. Warner refuses to apologize, which is the linchpin for any settlement. If the matter goes to trial the outcome will likely be much worse then any settlement. What can they do?

Then can cancel Hamlin’s policy. They can force the Town to seek other coverage from other carriers at extraordinarily higher premiums. That is what they are telling the Supervisor. Apologize to Gursslin or the town’s insurance will be cancelled.

Warner still refuses. He is willing to jeopardize the legal well being of the entire community because of pride!

He has only one way out. He must get the insurance company to delay a trial until after the election. After the election, an apology to Gursslin will fall to the new Supervisor. Once inaugurated, the new Supervisor will quickly publish it and settle the case. Warner will retain his false pride and, possibly, avoid prosecution for destroying town records.

Those are the real reasons why Austin Warner is not seeking reelection.
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REPRINT OCTOBER 21, 2003**** REPRINT OCTOBER 21, 2003 **** REPRINT OCTOBER 21, 2003 **** REPRINT OCTOBER 21, 2003****


Getcha Free New Identity Here!

A new kind of “Open Government”

In these days of rampant identity theft homeowners are urged to protect themselves. Experts suggest that you shred bills, returned checks and bank statements so they are not plucked from your trash. They even advise that you remove subscription labels from old magazines before they are recycled.

But, here in Hamlin, that might not help.

The reason is the Warner Administration has adopted a new form of “Open Government” which puts many of us a risk.

The attached photos show several containers outside the Town Hall. These wer put outside yesterday. Outside for everyone to enjoy! Outside for the public to casually page through, or if you like, take a handful of files home for yourself to enjoy later.

What are in the piles? Town records. Specifically, old Building Department records. Documents which include: Building inspection reports on people homes and businesses; site plan maps, correspondence between the Building Department and various governmental agencies; letters from attorneys; copies of deeds; transfers of property. Your basic stuff.

What is the matter with this town? At a time when there is a legitimate risk of identity threat, the municipality puts hundreds upon hundreds of records out in the parking lot for all to share. The files are filled with people’s names, addresses, phone numbers and correspondences. It is mind boggling.

Setting aside the horrific breech of customer confidentiality, there is an equally troubling question as to why these records are so suddenly being dumped.

We all remember the events at Enron and Global Crossings when incriminating documents were destroyed to prevent their discovery. Why are these records, some of them dating back to only 2002, being thrown away now? Is there a relationship between the sudden firing of the Building Inspector and the rush to destroy documents from his department?

Gursslin has said that he was never confronted with charges or allegations of wrongdoing so he believed his dismissal was arbitrary and capricious. If it is true that there is no evidence of any wrongdoing, then it might benefit the town to destroy hundreds of records in anticipation of litigation. Is this possible?

Whatever the motivation, the sudden public dumping of a large number of documents- into the public parking lot for all to grab- is a distinct violation of public trust and government responsibility.


Helpy Selfy

Breslawski Pulls Feeding Tube: Warner Terminal

James Breslawski, Supervisor Warner’s biggest campaign contributor, resigned from the Hamlin Planning Board yesterday. Breslawski stuck to his lie right to the bitter end using his fake Hamlin address on the letter of resignation!

In a legal wrangle which has raged since Election Day, Warner and Breslawski stuck together like siamese twins. Now it appears they will end their political lives together as well.

On Tuesday night, in apparent anticipation of Breslawski’s quitting, Warner announced to the Hamlin Republican Committee that he will not be seeking reelection. After whining that nobody on the Town Board had bothered to ask him if he wanted to run again Warner cited vague complaints about his pay being insufficient and announced he was quitting.

Right click mouse to save jpeg images to expand.



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The Blog recognizes that this is a major local story and assures our readers that there will be more stories on it. Watch for an upcoming blockbuster which will reveal the REAL reason Warner is quitting!

Don't wait to fall!

The End for Warner?

Rumors have been circulating for weeks about the health of Austin Warner and whether he will make another run for Supervisor. People who are close to Warner are speaking out quite plainly saying that he will not seek reelection. “He has some serious health issues and his wife is strongly opposed,” said a member of the Hamlin Republican Committee speaking on condition of anonymity. Warner has recently had surgery and he has been seen using an inhaler. In addition ,the long struggle to control his weight seems to have been lost.

Equally important is the current political atmosphere. There is tremendous dissension inside the Hamlin Republican Party. The committee has withered from the normal membership of 44 down to 34. Typical monthly meetings have only 7 or 8 members in attendance. Numerous highly qualified committee members have quit. Their dissatisfaction stems from Warner’s heavy handed control over every aspect of local government. “He interferes in everything,” said a past member of the committee, speaking under anonymity, “He tries to control every committee, every employee, every job- Highway Department, Clerk’s office, Dog Warden- he sticks his nose into all of it. He bosses people around and tells them to do things HIS WAY, everybody is afraid of him.” The result, say past members, is that nothing gets accomplished. “Look at the Comprehensive Plan and Zoning Code committee,” he said, “They have been working on that for two years and they have nothing to show for it. Nothing! Lots of good people, good workers, quit because nothing was being accomplished. People are busy, they don’t have time to talk in circles just because Austin wants to control the show.”

In addition, two qualified and committed challengers have emerged to oppose Warner for Supervisor. Mike Marchetti, manager of Burke’s Hardware and leader of the fight against the DeMarco project, has been an unofficial candidate for nearly a year. Dennis Roach, a retired naval captain and experienced civic administrator, has also entered the contest for the Republican nomination. Warner may be seeing the writing on the wall. He is the only Supervisor in Hamlin history who has been forced to run in a primary every time he sought election. If he stays in this time, he will face another one. That cannot make the Hamlin Republican Party very happy.

Running in a primary and then an aggressive election in the fall may be too much for Warner physically. It might be better to climb off the wall now, then fall off later.

Breslawski Prepares to Lie to Board of Elections

Hamlin Planning Board Chairman James Breslawski has been huddling in his corporate headquarters this week cooking documents and testimony in preparation for his “appeal” before the Monroe County Board of Elections.

Late last month, the BoE decided that Breslawski’s voter registration was invalid and notified him that he was being dropped from the town’s voter rolls. Breslawski, had claimed that his corporate office at 1534 North Hamlin Road is his home. The Board determined that he actually lives with his wife at 26 Deer Track Lane, in a quarter million dollar home, located in Clarkson.

Contrary to reports in other media, Breslawski is not a native of Hamlin having moved here when he was almost a teenager. While he did live in town for a number of years, he moved out: first to Kendall; then to Holley; then to Clarkson. Breslawski has not actually lived in Hamlin since about 1991.

Perhaps the real villain in the story however is Hamlin Supervisor Austin Warner III. Despite first hand knowledge of Breslawski’s true domicile, Warner has relentlessly asserted that Breslawski was a resident.

It is well known that Breslawski is Warner’s principle campaign donor and that he has long coveted the Planning Board Chair. Heading the Planning Board while controlling thousands of acres of farmland in and around Hamlin provides a significant advantage over competing farmers. Additionally, Breslawski is privy to development proposals long before they appear in public. It is a powerful position for a large landowner.

Supervisor Warner knows all this, yet has urged Breslawski to lie about his residence to protect their collaborations. It is against the law to file a false voter registration. It is against the law to serve on the Planning Board in the town of Hamlin unless you are a resident. It is against the law to file a false address for political purposes.

Breslawski has done all of the above. Warner has encouraged it. However, if Breslawski is ever prosecuted it will be him alone, who has to answer. While it may be unfair, Warner will not have committed any crime. Breslawski is responsible for his own actions, he is the one liable for prosecution.

This raises many serious questions about the moral and ethical foundation of local government, however. How can the Supervisor encourage someone, especially a supporter, to break the law? How can Warner permit and promote an ongoing violation of State law simply to serve his own political ambitions? How can he take a public position defending an action which he knows might land Breslawski in jail? How can he leave his biggest supporter to “swing in the breeze,” all alone, if criminal charges for perjury or voter fraud are filed?

It must be politics.

Residency? We don't need no stinkin' residency!

Domestic Bliss

In the 3/8 edition of the D&C, Planning Board Chairman Jim Breslawski makes some curious statements. He says that “ 99.9 percent of the time, I'm here at the North Hamlin Road address." He is suggesting that he does not live at his home at 26 Deertrack Lane in Clarkson. He wants us to believe that spending so much time at his workplace makes him a resident. The Board of Elections wasn’t impressed or persuaded with that argument.

Later we learn that, “There are times when Hamlin Planning Board member Chris Schlieter, who is an employee of Greece's Public Works Department, spends more time in Greece than he does in his hometown of Hamlin.” Does that mean he is entitled to vote in Greece? Of course not.

Curious. The same illustration proving opposite points.

Supervisor Warner deliberately tries to muddy the issue saying, “"It's all a question of what you consider home to be. Is it the place you sleep at night, or the place where you spend all of your time?" Sadly the Supervisor again displays his poor understanding of anything legal. His logic is dull and puerile. One works in the workplace; One lives at home.

The law states, “The term ‘residence’ shall be deemed to mean that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.” CHAPTER SEVENTEEN OF THE CONSOLIDATED LAWS ARTICLE 1--GENERAL PROVISIONS, § 1-104. Definitions (22)

So, Mr. Schlieter cannot vote in Greece and Breslawski cannot vote in Hamlin. Even if he only goes home to his wife .1% of his time, he still lives in Clarkson!

What have the courts decided on this issue? “An individual is not permitted to live in one locality for purposes of comfort, community and home life, and yet have separate and distinct address of convenience for political office.” McKinney's Public Officers Law §§ 3, subd. 1, 30, subd. 1, par. d.

That sounds remarkably like what Breslawski is trying to do! It serves him personally to be Chairman of the Planning Board so he has invented a, “separate and distinct address of convenience for political office.” With the full consent and blessing of the town Supervisor of course!

Finally, the other shoe drops, “Town Supervisor Austin Warner said that if Breslawski loses the appeal and is removed from the Planning Board, Warner will propose changing the local law to allow nonresidents with a vested interest in the town to serve as town officers." Gotta keep those contributions comin’ in!

What will that mean for Hamlin? Well, the DeMarco Corporation has a “vested interest,” perhaps they might join the Planning Board. Maybe Waste Management will buy a few hundred acres from Jim Breslawski and become vested too. Then one of their VP’s might be appointed to the Zoning Board just in time to examine that landfill request!

Permitting non-residents to join our boards is a terrible idea. But imagine how it will improve contributions to Warner's campaign financing!

It's 75% done!

The Truth About Hamlin’s Comprehensive Plan
The 2/18 edition of the Brockport Post carried the story, "Master plan still under construction" in which Supervisor Warner made several false claims. In the public interest, The Blog will attempt to discern the truth.

*Warner alleges: "After more than two years the plan... is about 75 percent finished."
**Truth: Who knows? Since this committee operates in secret the Supervisor can claim whatever he wants! He might as well say it is, "200% complete."

* Jerry Hutchinson, committee chairman, alleges: " the average comprehensive plan takes about three years." Warner said, "You try to do it every five years."
**Truth: You figure this one out. It takes three years to complete a plan that is changed every five? Sounds like it should be a standing committee.

* Hutchinson, the chairman, said: "It's been a slow process but has taken a reasonable amount of time because the project is so large."
** Truth: Has anyone asked for or examined Mr. Hutchinson’s credentials, his aptitude, qualifications or experience to manage such a "large and complicated" project. No disrespect, but the public has a right to expect that the Supervisor would use due diligence in his appointments. Does Mr. Hutchinson have any planning experience? Is he an attorney? Has he studied the subject in school or in private research? Has he read any books on the subject. Does he have ANY experience or familiarity with this dense, complicated subject? Is he at least conversant with the Comprehensive Plans of other communities? Or, is he merely a supporter of Austin Warner, which is the Supervisor’s ordinary test for municipal duty? Did the Town Board examine, question or approve the members of this committee, or is it just a collection of a few Warner cronys? (Like Nesbitt, Baas & Quakenbush.) Has the Town Board simply turned its back on any sense of oversight, involvement or obligation regarding the Town’s Comprehensive Plan? Since that would have been normal, we can assume "Yes."

* The Post asserts that: " 83 percent (of the residents) would prefer the town remain as a rural community instead of a suburban one."
** Hutchinson replies saying: " the committee... discussed... requiring building lots be two to four acres. But size isn't the only problem." He said some houses are built on "bowling lane" lots, narrow and deep. The committee is considering requiring a lot shape, in addition to size."
**Truth: The way to keep Hamlin rural is to reduce lot sizes??? Every reputable municipal planning study throughout the NYS, and across the nation, which has examined the question of protecting agriculture from development has stated that larger lot sizes, preferably minimum 10 acre lots, is the best measure a community can take.
The drive to reduce lot sizes is the tired old issue of Norm Baas, ZBA Chair. He is a retired farmer who has long resented being prohibited from selling tiny lots when he liquidated his farming operations. This issue has virtually obsessed Baas for decades. He lobbies about it relentlessly to anyone he can trap into listening. Mr. Baas, who refuses to read or learn about contemporary zoning, planning and growth- much less go to training- has made up his mind, and that’s it. Too bad for Hamlin. All the meaningful research refutes him. That won’t matter for much around here. He’s a Warner supporter, he’ll get his way.

*Warner states: " Tonery participated in the first few committee meetings about two years ago before being removed because the committee felt he was stirring up controversy, not helping."
**Partially true! Tonery was removed because he refused to give up his right to tell the public about the committee’s proceedings. Warner asked Town Attorney Ken Licht how to make the committee secret and then closed it to public scrutiny! So if Warner wants to hand the community over to big developers like Demarco, the public has no way of knowing about it. If "not helping" means refusing to be silenced, it’s all true.

*Supervisor Austin Warner said of the revision: "the most important thing is, if we're going to grow, then we need to grow smartly."
**Truth: Could Warner actually mean, " Smart Growth?!!" That is the policy of protecting a community from excessive, unbridled development. It is exactly what Hamlin needs! Could it be that Hamlin’s Supervisor has it right? Sadly, Smart Growth is the philosophical enemy of Republicans everywhere! Still, is it possible that’s what Warner meant?
Not likely. He often doesn’t know what he means when he says something.