Residents wanted answers as to why town equipment and personnel were used to overhaul a private sportsman club in the town.
They got them, although they may have not been as black and white as they wanted and they were a tad extensive. On Thursday, Sept. 27, the in-house auditing committee set into action by Supervisor Mary Brizzell two weeks ago to look into the questionable work, released its findings on the grading of approximately 2,600 tons of spoils or waste soils, at the West Albany Rod and Gun Club.
The 2 1/2-inch thick document was made up of 75 document requests; interviews with 11 unnamed town employees and managers; and was accompanied by soil samples from the site.
The audit backs the town’s decision and the 30-year practice of ridding itself of piles of spoils and debris on private lands. The report alleges that the town saved itself at least $125,345 to dispose of the debris and that the public benefit far outweighed the benefit to the club.
The audit also made several recommendations to begin bringing similar projects of this size before town officials so that they may be weighed by the public and subsequently voted on.
Board members have admitted, as does the report, that the scope of the project was large and may have fostered the perception of wrongdoing as the two weeks worth of work was under way last month. But legally the project was in the right.
Some in the audience at the town board meeting where audit committee chairman Kevin Bronner presented his findings called it a cop-out. All residents and most of the slate of Democratic candidates in upcoming town elections in attendance at the report’s presentation wanted the town to fall on the sword and right a wrong.
I don’t need a 30-page dog-and-pony show to tell me what the New York State Comptroller summed up in one page, said Colonie Democratic Committee Chairman Phil Steck. `There is a general understanding in government that you don’t use public employees to benefit a private land owner. The town should just come out and admit wrongdoing.`
Steck cited a 1981 opinion from the state comptroller’s office critical of public work on private land. However, town officials defended their actions with another comptroller ruling that stated if it benefits the municipality more so than the private entity then its legal and encouraged.
Colonie contends that it is doing itself a favor by getting rid of excessive stockpiles of construction debris. That debris was the result of spring floods and area construction by several town departments. The `slop,` as it has been referred to, was riddled with trash and debris. A bucket of it was set out on a table at the board meeting last week.
The audit confirmed what town departments stated in their defense of the work that the debris was turned down by several other private and public entities, including the town landfill.
The town turned to the West Albany Rod and Gun Club after it was told that it would be paying $51 per ton to drop the debris at the landfill. The landfill had no use for it on site and cited safety concerns with using the slippery soil to act as topping soil for recently dumped garbage.
The West Albany Rod and Gun Club was the only taker, and even that took some finagling, officials have said.
`You want people to believe that this slop was graded and turned into a parking lot. We are not idiots in the town of Colonie. There are no consequences for any of these actions. When are you going to take responsibility as public officials and serve us?` asked C.J. O’Rourke of Loudonville.
Brizzell, who sits on the audit committee alongside Bronner and Frank Mauriello, deputy town supervisor, stands behind the assessment of the work that was done, she said.
However, she remains critical of the process. She attributed some of the turnout and comments at the meeting to political grandstanding.
`If I had known that the project was going to happen, it would have not happened at all because of the perception,` said Brizzell.
Line for line, the work was legitimate as it appeared in the audit, she said. Whether it is legal is not is up to lawyers to decide. But the financial benefit to the town was clear.
Bronner stated at the meeting that the audit will be turned over to District Attorney David Soares’ office. It will accompany a number of complaints town Democrats, including candidate for supervisor, Paula Mahan, has filed with the office.
Mahan took issue with the town claiming in media reports the day the audit was released that the document showed no illegal activity on the part of the town.
She asked that the matter be turned over to the authorities, whether or not the project weighed in favor of the town and not the club.“