Is not Trustee Edsall a construction engenieer who was in charge of building Kohl's in the city Town of Newburgh?

I would think his education and training are more then adequate to form an opinon on legal advice and building know how given we are dealing with a poll barn in a sandbox as opposed to a complex brick and mortar establishment.

do we really need to spend MORE money we dont have?

The problem is that Edsal's brother in law built this building and it would be inappropriate and illegal according to the ethics law of the village and N.Y. State. Mr Edsall can't help but have is opinion effected by the fact that his brother in law built a building that is substandard for whatever reason. Furthermore Mr Edsall was there when it was built and it was constructed poorly. Why would we expect good engineering practices from him now?

I have no connection to anybody who was involved in the DPW debacle, either.

But I do agree with Mr. Faurot that it's a "pole barn in a sandbox" -- and apparently a wet, unstable and possibly toxic sandbox at that.

Despite the involvement of many people who should have known better -- many of the very people who were charged with protecting Village taxpayers -- the building was built (1) without a building permit, (2) without the required engineering plan approval, (3) without any progress inspections during construction, and (4) without issuance of a certificate of occupancy. Anybody think any of us would get away with that?

When an engineering review finally was done by Tectonic this spring, they issued a 16-page catalog of design and construction deficiencies (http://www.cornwall-on-hudson.org/documents/tectonicreport.pdf), virtually all of which could have been avoided had those who designed and built the building simply followed the same building code which any of us would have been required to follow had the project been ours.

Until the entire process has been reviewed and analyzed, it's impossible to say who should or should not be responsible for the sad results. But one thing's for sure: no taxpayer in this Village signed on to pay not only the original construction cost BUT ALSO the cost of fixing all the unanticipated and avoidable defects which resulted.

Put simply, the taxpayers weren't at fault for what went wrong with the DPW project; those who were at fault should be held responsible to make it right.

To Stephan Wilkinson:

Bob Gilmore hired no architect to build the DPW building. Perhaps this was the problem.

I agree with you, Mr. Coons, "its a downright shame that all this has to be the way it is because a few people with power want it to be this way and so many have to suffer."

Only difference is we're not talking about the same people.

If you're really interested in this village, why don't you come out of hiding and participate in solving the problems with the DPW building which your friends created? Volunteer for the Mayoral Advisory Committee. I, for one, am anxious to hear more of your ideas why "the soil, the construction of the building, no plans or permits and whatever else you want to throw in" don't matter much.

Andrew for you to make such bold and ill informed statements would almost give the appearance of someone that has their own agenda.

I, happen to be related to both Trustee Edsall and Tom Whalen and of course my comment will be viewed as bias and rightfully so.

But how can a contractor such as Burns and Whalen be held accountable for alleged problems in a building that was built according to plans that they were provided? I have yet to read ANYONE post that the building was NOT built according to the plans provided to the contractor!!

As far as Mark Edsall's professional opinion during the design and construction of the building, that too is a moot point. Mark is a Village Trustee who happens to be a Professional Engineer. If Mark was to have interjected during the design or construction phase, wouldn't this too be considered a Conflict of Interest?

Hypothetically let's say Argenio Brothers Paving were provided plans for a multi phase drainage and road re-allignment project, and they performed all the work according to the provided plans. BUT, do to whatever reasons the road way starts to settle and the piping that was installed begins shift or fail...... Who would be responsible for this?????

Sean I have seen in liability cases with my father's company that everybody gets named in a suit and then they figure out what happened. Also if the lawyer representing the owner omitted a family member who was a contractor on the project it would be a serious violation of the law. Regarding Mr Edsall the question is why won't he simply comply with the law and disclose his relationships in writing and recuse himself as the law requires in the manner that the law directs? The fact that anyone can ask this question leads to an appearance of inappropriate behavior. Regarding the contractor I don't name them or blame them I think that they should be treated like any other contractor in a case of a bad building that doesn't have family or friends in a position to protect them. This is not a club house its Government its not dues its taxes.

Nothing really complicated about a "conflict of interest." The simple rule is that you can't serve more than one master. Period.

So, when you're a public servant, you must be free to serve ONLY the public's best interest, uninfluenced by yours or your family's, friends' or other clients' interests. Mr. Kelly quite rightly defends his relatives, and quite rightly discloses that he has that interest and the "bias" that goes with it.

When somebody conducting the public's business has any personal or family or professional interest which will influence his/her judgment as a public servant, that person should clearly disclose that interest and refrain from any further participation in that business.

Here's what happens when people don't do that:
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20100715/NEWS/7150320/-1/NEWS