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General News: Gridlock Stalls Village Business

December 16, 2010

A form of gridlock emerged at Monday’s village board meeting when Mayor Joseph Gross and three of the four trustees failed to agree on how to move ahead with repairs on the department of public works building. With no timetable set for moving ahead, one trustee, Doug Vatter, accused the mayor of blocking progress and threatened to take legal action to get the process going.

At issue is the fact that the architect hired for the job of re-designing the building is not getting paid. Mayor Gross told fellow board members that there is a question about how the architect was hired, suggesting that it should have occurred after a bidding process.

Trustee Mark Edsall told the mayor that professional services do not require a bidding process and he predicted that if no action is taken soon, “the DPW will sit out this winter and probably next.” He was referring to DPW employees who are working out of a rented trailer until repairs can be made to the building.

Architect's and Lawyers' Bills Go Unpaid

Mayor Gross joined with trustees Edsall, Kane and Vatter to approve hiring architect David Wieboldt in June and he approved paying Wieboldt’s first invoice for $2,250. However, the mayor refused to sign a work order authorizing $21,500 in services without first having legal review of it and, since then, he has not paid invoices from Wieboldt for work performed at the village board’s direction during the summer.

At Monday’s board meeting, Mayor Gross described how his concern about the village’s attorney complicated his concerns about the DPW. “I want to see progress on the DPW and with the guidance of counsel that I can count on. I don’t think I can count on the board’s attorney,” the mayor said, insisting that the law firm hired by a majority of the trustees does not represent him.

The attorney for the village hired last June, the firm of Tarshis, Catania, Liberth, Mahon and Milligram, has not been paid for its services since June either.

State Comptroller's Office is Reviewing Village Books

Trustee Vatter revealed on Monday that village employees, including the treasurer, have been warned that they could be terminated if they signed any checks, including those for payments authorized by the board. Mayor Gross noted that he concerned about how prior payments were made and that he has brought in an official from the state’s comptroller’s office to review the books. He said he would approve payments “when I see things in place.”

Trustee Kane joined Vatter in threatening to file an Article 78 proceeding against the mayor for failing to fulfill his role as executive officer in the village. However, Vatter noted later that the cost of bringing the legal action may stop them from taking that step. “We would absolutely win an Article 78, but it might be a pyrrhic victory,” Vatter said, a reference to the damaging cost of the move.

Mayor Gross says that money matters are foremost in his mind. “I have been forced to take a hard look at how money has been spent,” he said after the board meeting. “The deeper I dig the more problems I find.”



Comments:

I know what the village should ask Santa for this year:
an accountant


posted by J Klein on 12/16/10 at 1:36 PM

The only tyrant I accept in this world is the still voice within.
Mohandas Gandhi

March can come none too soon when the winds of change will sweep a tyrant from his perch.


posted by P W on 12/16/10 at 3:32 PM

Here is the video link
http://www.youtube.com/watch?v=6FdImNjbk1g
it is also at ArgenioAndrew on youtube


posted by Andrew Argenio on 12/16/10 at 5:10 PM

I have spoken to the NYS Comptroller's office, and they feel there are very limited circumstances in which there is no bid for architectural or engineering services. The only time it is permitted is when the job is dependent on a specific defined skill of an individual. This is not the case in this circumstance. There is a defined list of problems with the building. Tectonic engineering started the work and Mr. Edsall recommended an architect that he has disclosed a personal and business relationship with. How is the public served with no bid?


posted by Andrew Argenio on 12/16/10 at 6:08 PM

I guess I went over

Tectonic engineering started the work and Mr. Edsall recommended an architect that he has disclosed a personal and business relationship with. The comptroller?s office also produced a report about the City of Newburgh Courthouse that directly says the City failed to solicit R.F.P?s for engineering services and ?as a result, taxpayers are not assured that City official?s procured these services in the most economically beneficial manner.? (NYS Comptroller?s Office doc no2008M-269) http://www.osc.state.ny.us/localgov/audits/cities/2009/newburgh.pdf I find it curious that Mr. Edsall did not know this when his firm was the one in question and that this report was the focus of.


posted by Andrew Argenio on 12/16/10 at 7:40 PM

At this point I could care less what the issues are! PAY THE PEOPLE WHO HAVE DONE WORK FOR YOU!! Going forward the Village will be hard pressed to find anyone will to do work for them!


posted by Kerry Merritt on 12/17/10 at 8:08 AM

Finally a word of wisdom, you are so right Kerry! Andrew: if as you stated "Mr. Edsall recommended an architect" is true and accurate, what point are you getting at? Are you insinuating or making accusations that something was done improper? All I ever see from your posts or limited video clips are what you believe to be of importance. So what if Mark Edsall recommended an architect (again if that is accurate?)Did Mark Edsall appoint the architect or hire the architect? I think not. This was approved by a majority vote and not by one individual. As far as the Newburgh Courthouse, what does that have to do with the Village of Cornwall on Hudson? Absolutely nothing! And I find it hard to believe that the NYS Comptrollers Office would render a decison of public matter to a citizen without being provided information from a municipality. Were you acting on behalf of yourself or did you represent yourself as one of Mayor Gross' advisory staff?


posted by Sean Kelly on 12/17/10 at 8:16 PM

Sean, I am pretty sure it is not accurate that Mr. Edsall recommended the architect. I believe if you check the minutes from the 6/21 meeting you will see that the recommendation came from the recently resigned building inspector, Bruce Yancewicz. Mr. Edsall simply made the motion to follow that recommendation.


posted by Kerry Merritt on 12/17/10 at 8:28 PM

Kerry, I had already checked the minutes and knew exactly what had transpired. My question I guess is if I am 600+ miles away and can read the minutes then why is it someone that attends all the board meetings and videos same can NOT get the information correct. Perhaps it is to mislead the unknowing? Just my view from here!


posted by Sean Kelly on 12/17/10 at 8:40 PM

the point is we didnt bid. The comptroller in the Newburgh case recomended that competitive bidding insures that the public is served. The information from the Comptrollers office is public.I gave the link go look it up.Regarding the video clips it is easy to critisize while defending youre famly member. I am limited in time by youtube and hours of work go into posting the videos so other people can see what is transpireing at the meetings.I stand corrected that Mr Edsall met with the Building inspector and they fpllowed the recomendation that came from that meeting. I am not trying to mislead. my point is that we should compeditivly bid. I also note there is a personal and business relationship there and there was no bid.


posted by Andrew Argenio on 12/18/10 at 9:07 AM

Everytime I read articles about the village, all I can think of is a clown show. DISBAND the village and let the town take over. Think of all the money you could save on legal fees, DPW building repairs, part-time police officer salaries (the town has the right to bill for services now but haen't), etc. The more I talk to surrounding municipalities the more I learn that COH is the joke of the county.


posted by Steve Larson on 12/18/10 at 10:22 AM

Andrew: I suggest that perhaps you may want to review NYS General Municipal Law Article 5-A sub 103 where as in short it states that a municipality will request for proposals (RFP) for services greater than $35,000 or purchase of items greater than $20,000.
Now, I may not be the brightest bulb in the pack but I don't believe hiring a professional service on an hourly basis is in violation of the law.
As far as defending a family member.... by all means I will especially since you are shooting from the hip with nothing more than mis-information and political propaganda.


posted by Sean Kelly on 12/18/10 at 2:02 PM

Mark, read the report about the newburgh courthouse. the comptroller recomends that a municipality Do RFP fpr engineering services. Why not Bid ? how is the Public served?


posted by Andrew Argenio on 12/18/10 at 3:13 PM

oops I meant "sean "


posted by Andrew Argenio on 12/18/10 at 3:15 PM

Freudian slip eh Andrew? Anyway, I could care less what the Newburgh Courthouse report says, it has nothing to do with the Village. How much does it cost to have legal documents drawn up for RFP's, bid openings, and Contracts? You are making insinuations and accusations as if you can prove that the motion (approved by majority vote) was done without the best interest of the Village. How was the public NOT served? Provide some substantial evidence to support your self induced hype. Not, a single recommendation from an incident that has ABSOLUTELY nothing to do with Cornwall on Hudson. Try researching things that you obviously have limited or no knowledge about. By the way, can you explain the difference between RFP's Engineering services and hiring an Architect?


posted by Sean Kelly on 12/19/10 at 9:29 AM

aer you seriosly telling me the paperwork is to hard so dont bid?The report on Newburgh is created to educate. I think we should learn from others mistakes rather than repeat them.I would also note that some of the players are the same namely Mark Edsall.The public is not served with no bid for 2 reasons. 1st of all there is no enforceable contracts that when you get into a dispute with a contractor that have weight. Seccondly the public is not served without compitition (Bidding). We have become a village of indeviduals not laws.All that matters is who you know not the law. Take for instance the current sewar project,Mr.Edsal tells Dave to make shure that the prices received are just under the bidding threshhold. He also spoke of removing parts of the contract to get under that limit. Suprise! we have only received 1 price for that project.What is next $600 dollar hammers $200 dollar toilet seats? The public is not served withoutr open goverment and public bidding.


posted by Andrew Argenio on 12/19/10 at 10:17 AM

First and foremost don't try to twist my comments or try to make it look like I said something that I didn't. Where did I say that paperwork is "too" hard so don't bid? NO WHERE. What I did infer is that that cost of having an attorney draft an RFP, hold a public bid opening and draw up contracts consistant with the RFP costs money. When hiring a contractor or professional services for a smaller project you have the power of what you want addressed and can limit the amount of hours and therefore expenditures. On a large project by all means a bid would be required. As far as the "sewer" project you are refering to, I have no knowledge but you are making some very bold statements accusing someone of telling a department head to make "sure" prices are just under bidding requirements. Do you have first hand knowledge of this or is this just more of what your perceive as truth? As far as $600 hammers and $200 toilet seats come on be real! Have you ever dealt with government contracts or bid through OGS (Federal Purchasing)? Yeah that really saves the taxpayers money.


posted by Sean Kelly on 12/19/10 at 1:02 PM

sorry for my Dyslecsia
I ran it through word and corrected the spelling. The content is the same
get youre position bidding is to diffacult and onurous a prosses. The public is not served by a open and honist bidding prosses. I respectfully disagree I think open goverment and a comprehensive bidding polocy serve the public well.Any costs incurred by having staff draw up contracts and sit in a room and open bids will be more than offset by by cost saveings due to cometition.Please stop with the ALL CAPS SHOUTING YOU DONT MAKE YOURE POINT IT IS RUDE.You have argued youre point that you are against bissing for a comunity that you do not live in. I think open and honist goverment that 1 allows public comment,2 Practices bidding to insure the lowest price for the same goods (even when it is not forced by the state)and 3 if you cant bid get at least 5 quotes for the same work (even for services that you are not required to)to be responsibel with the tax money from the people of Cornwall on Hudson



posted by Andrew Argenio on 12/19/10 at 5:47 PM

Whatever your verbage was in the first few sentences, that is not my position. And I am not against bidding projects when it is needed. As far as where I reside,is there a problem with me expressing my views or thoughts about the area I grew up in and have family members as well as many friends? All caps shouting! Not even worth a comment. How about addressing your statements of the alledged communication between Trustee Edsall and "Dave" regarding the sewer project? In reference to RFP's and bid openings.. haven't you ever observed or heard of items being put out for re-bid because the bids were more than expected? So, now the taxpayers are forced to pay for redocumentation, delay, and no guarantee that the cost will be any cheaper. I have to deal with bidding procedures as well as obtaining quotes on a regular basis. Bottom line is: IT DEPENDS ON THE SITUATION AND NEED OF THE MUNICIPALITY


posted by Sean Kelly on 12/19/10 at 5:50 PM

What In life has guarentees? pay for redocumentation, (change the dates)you don?t make a very strong case .I believe in open government ,open bidding and that the law should apply equally to all people .I have worked very hard to help more people see what their government is doing with no editorial comment of my own. Lots of people can?t make it to meetings. I make no comments during the clip or on YouTube. I have worked hard for years on the planning board (with no pay) to help make sure that the law is evenly applied to all people. Not to mention the time I have put in on the Riverfront Revitalization committee. I work very hard for this community with no benefit to myself. I am also disappointed that public comment has been so severely limited recently. I do not deserve you?re snide remarks. Just because we disagree there is no reason to be rude or bitter. You made your point; we are polar opposites on this matter. Throw stones from 600 miles away and I will still be working for the people of COH.


posted by Andrew Argenio on 12/19/10 at 7:06 PM

Andrew I have commended you in the past for the volunteer work you do. Snide remarks? Rude or bitter? Hardly rude or bitter! Yes we may be on polar opposites of the matter, but I haven't quoted anything is not currently law or accepted practice not only in NY but a majority of this country. Throwing stones? If that's what you want to consider my comments then so be it, but I have provided proof for everyone of my comments. Not like your alledged comments. Take for example your statement about the alledged sewer project and supposed directive to have the price modified to be less than a bid required item.


posted by Sean Kelly on 12/20/10 at 7:52 AM

I provided the comptrollers report that was produced to educate the public on purchasing matters and you said it has nothing to do with COH. This report made it clear that no RFP for services were made so the public had no assurance they had a fair price. You then said ?I find it hard to believe that the NYS Comptrollers Office would render a decision of public matter to a citizen without being provided information from a municipality. Were you acting on behalf of yourself or did you represent yourself as one of Mayor Gross' advisory staff?? I found the report myself and provided the link and the document number. I am not on the Mayors advisory committee, you made this statement in an attempt to undermine me. I understand you trying to defend youre family. Just like Mr. Edsall is trying to defend his brother in law the builder of the DPW. You defend him ?he defends builder, it all works.


posted by Andrew Argenio on 12/20/10 at 8:34 AM

I stand corrected, I thought I had read in the past that you were appointed to the mayor's advisory committee. My comment was in no way meant to undermine you. Again, I stand corrected. As far as trying to defend my family, I will absolutely with my last breath stand up for what I believe is right. How is Mr. edsall defending his brother in law (who is also my brother in law) the builder? I have yet to see any documentation or proof that the contractor did anything wrong building the DPW facility according to the plans that were provided. Mis-information and false accusations have been flying out of the Village Hall for far too long. How about backing up your statements? Address your comment about the sewer project, if you have some intellegent and enlightening information to share.


posted by Sean Kelly on 12/20/10 at 9:22 AM

It's so simple, and it amazes me that so few people understand it.

Follow me through here: Builders build to plans. Architects and/or engineers create plans. To blame Burns & Whalen--there, I've said it--for anything wrong with the DPW garage is like blaming the assembly-line workers in Dearborn for the fact that your Ford Explorer rolled over.


posted by Stephan Wilkinson on 12/20/10 at 12:01 PM

Here you go this is the clip you asked for Mark
http://www.youtube.com/watch?v=K10a3moBY5Q
I agree Stephan I am not casting blame that is for legal and insurance companies to work out. I also left out the builders name to be fair and not cast blame. I think the integrity of the process must be maintained.


posted by Andrew Argenio on 12/20/10 at 12:50 PM

Ok Andrew, if you were addressing that to me than it is the second time you refered to me as Mark. It is quite obvious that you have a personal issue or vendetta with Trustee Edsall. Therefore that simply explains your constant rhetorics and negative posts directed at "Mark". And if you agree that casting blame is for legal and insurance companies than why would you infer that someone is trying to defend another. Just like the legal system, you hire a defense attorney to represent you AFTER you have been accused. So simply put you have taken on the position of investigator, prosecutor, judge, and jury! Am I not correct?


posted by Sean Kelly on 12/20/10 at 2:16 PM

Here you go this is the clip you asked for
http://www.youtube.com/watch?v=K10a3moBY5Q
I had to look for over 2 hours for the clip that you demanded and acted as if it didn?t exist.
Here it is, all caps that. I see that you have nothing to say, people have told me that you are Mark and I have a tendency to believe them. It seems similar to Bob Coons. You live far away but have a surprisingly intimate knowledge of village matters.
I do not think it is my place to blame anyone In the DPW. That is for lawyers judges the comptroller?s office and so forth. I hope to help preserve the integrity of the process.
Youre welcome for answering the question I see you deflected into the ridiculous
Attempting to discuss things reasonably with you is a waste of my time I spent time getting you what you asked for and you go into a smear tirade
I will see you at the meeting tonight, smile for the camera


posted by Andrew Argenio on 12/20/10 at 4:05 PM

You have got to be kidding me. I am NOT Mark Edsall, I am truly Sean Kelly. Intimate knowledge of village matters? The internet is a wonderful tool, and keeps me connected to my hometown. "people have told me you are Mark and I have a tendency to believe them" In the words of Larry the Cable Guy "Now that thar is funny" Again, it just goes to prove that you are quick to pass along false information that other people have filled your head with. I am always up for a reasonable discussion. Smear Tirade? Yeah ok that's really accurate too. I wish you were going to see me at the meeting tonight, but unfortunately I will have to pass on that for now. When I do make it to town, I will let you know in advance that way you can have your camera ready so I can smile pretty for you.


posted by Sean Kelly on 12/20/10 at 5:20 PM

I notice you did not comment on the video you asked for. Typical fog the issues.


posted by Andrew Argenio on 12/20/10 at 6:17 PM

Andrew, please, everybody who has lived in the Village long enough knows who Sean Kelly is. He's Sean Kelly, the same Sean Kelly who lived here (on Hudson Street, as I remember). If he were actually Mark Edsall's beard, he'd use a different pseudonym, since the real Sean Kelly is alive and well and would assumedly be annoyed by anybody appropriating his name.

Besides, this has turned into a micturating match.


posted by Stephan Wilkinson on 12/20/10 at 9:29 PM

Yes Stephan you are correct, that is I, and yes I would be extremely annoyed if someone had attempted to use my name as their nom de plume. Everyone knows it has taken me many years establish my identity and I'll be damned if someone is going to use my credentials to piss people off without me being involved! But, on a serious note Andrew I finally had a chance to watch your 34 second clip of nothing. I don't see Mark Edsall instruct "Dave" to be sure that the price quotes are low enough to eliminate the bid process. And correct me if I am wrong, but it appears that this was at a work session, if anyone objected to any of the conversation (all 34 seconds of it) why wasn't it discussed then or at a Board Meeting?


posted by Sean Kelly on 12/21/10 at 9:55 AM

I recommend anyone reading this article (or others on this subject) to watch the video that Mr. Argenio has posted from this Village board meeting where payment of the architect was at issue. It is a very eye opening experience.

Admittedly, Mayor Gross dug his heels in regarding making payment, but he made it quite clear that this was because he felt he was being denied the ability to review the process with counsel he was comfortable with.

Rather than try and work with the Mayor or try and settle the issue of hiring a village attorney that everyone is happy with, the board majority seem determined to just try and steamroll what they want down everyone's throat under the cloak of "moving forward with Village business." The way in which these trustees are attempting to circumvent the mayor's authority is disgraceful. It is political thuggery, and I fear it mirrors a general trend that can be traced all the way to our nation's capitol

Similarly disgraceful is their behavior at the meeting in question. I don't care how frustrated you are with the proceedings, you don't engage in personal invective in a public hearing. Mr. Vatter should be ashamed of himself. His attack on Mayor Gross is an embarrassment; especially considering the reason the board is at its current impasse is because the majority took it upon themselves to essentially hire their own counsel independent of the Mayor's wishes and in violation of state village law. Mr. Kane folding and unfolding his arms, sighing, and rolling his eyes like a teenager is not going to change that fact.

So, they say they have a legal opinion stating that they have a right to hire counsel without the Mayor's approval. Gee, I wonder if that opinion came from the firm that was waiting in the wings to provide legal advice BY THE HOUR and rack up tens of thousands of dollars in legal bills that the Village now has to pay. I wonder if this entire effort to sweep the lingering issues related to the DPW building under the carpet has anything to do with conflicts of interest, or covering up incompetence, or even kick-backs of some sort.

The level of panicked vitriol that is spewed forth whenever the Mayor has tried, in a careful and transparent fashion, to get to the bottom of that ill-fated building can't help but make one extremely suspicious that something (other than the garbage underneath it) stinks to high heaven.

One thing is for sure, I wouldn't wish Mayor Gross' job on my worst enemy.


posted by Ted Warren on 12/23/10 at 3:53 PM

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