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Monday, August 13, 2007

Illegal contract brings charge of kickbacks


Just when you thought Mark Evers would calm down and try to keep his nose out of trouble, the town board learns he signed a $70,000 plus contract with an engineering firm without ever showing it to the board or having it reviewed by a town attorney. To make matters worse, both the Supervisor and the Town Engineer, Thomas Murley, made wild charges of kickback being attempted for board members and the town attorney himself.

The kickback charges came about at last week’s board meeting as Democrats on the board were trying to further the signing of a contract with Clough Harbor associates to serve as the town’s representative at the 4 and 43 mall project Evers is trying to ram through with questionable shortcuts. The proposed contract was waved at board members at a prior meeting by the town engineer but never given to them or the town attorney. It appears the town attorney did eventually learn the details of the proposal because he asked Clough Harbor to include some services that were needed and omitted which resulted in a letter provided to the board prior to the meeting stating these services would cost an additional $21,000, all of which must be paid by the developer. Naturally, Evers decided that this was done “behind his back”, even though it’s part of the town attorney’s job to review and consult on contracts.

As a discussion of the contract began, Evers announced he had already signed it, which brought critical comments from board members Fennelly and Michaels. Evers was informed by the town attorney that all contracts must first be approved by the town board under state law and that set off a surprising rage by Murley and Evers in which the pair alleged that the letter identifying $21,000 in service not covered in the scope of the contract was likely an effort by board members or the town attorney to get kickbacks. What a zoo!

Here’s what State Law says:
Sec 64. General powers of town boards. Subject to law and the provisions
of this chapter, the town board of every town:
6. Award and execution of town contracts. May award contracts for any
of the purposes authorized by law and the same shall be executed by the
supervisor in the name of the town after approval by the town board.

We think that’s pretty clear and if Evers bothered to comply with laws we would be surprised given his track records of illegal payouts and an illegal unilateral appointment of a senior clerk which has never been appointed by the Town Board as the “appointing authority”. And since word is he has been busy interviewing people for secretaries jobs, we would not be surprised to see him try appointing more people illegally. But what is especially amusing in this latest episode, which is also evidence of incompetence and arrogance, is Evers insistence that “He” reviewed the contract and the “Building Department reviewed” the contract. At no time did he ever consult with the town’s attorney’s on the contract or have them review the document on behalf of taxpayers. The last time Ever’s friends in the Building Department neglected to get legal advice on a contract, it was Water 14 and then authorized $740,000 in overpayments which they failed to subject to required change orders. Why bother with lawyers right Mr. Evers and Mr. Murley! Maybe you guys can send your next personal contract to the Building Department for review since you never use lawyers.

In any event, it appears Evers is out of control, like an ill tempered pup who responds to everyone with abrasive remarks based on personal paranoia and deceit. It also appears the town engineer whose contract is about to expire has some explaining to do about his wild outburst and charges of kickbacks.

Late Financial Disclosure Count:
Today is Day 29 for the North Greenbush Democratic and Conservative Committee violations of State Election Law requiring the filing of a Financial Disclosure Report due July 15, 2007. Laws apparently don’t apply to the “reformed” democrats under Jeff Spain and his Treasurer, Tax Collector Kyran Devery. Nor under Michael Casale and his Treasurer, J. David Wos.

4 comments:

Anonymous said...

why in the hell is tom murley at $90 per hr. (and he's not shy about billing hrs.) still the "town engineer". i personally know of a retired nysdot engineer that offered his services for free !!!!!!!!!!! and if i were CHA i'd be suing murley's ass and bringing him before the p.e. board for his out rageous comments about "kickbacks" someone should kick him(murley) in the ass........

Anonymous said...

murley needs to go witn Evers.

Anonymous said...

considering the track record of the building department and prior administration,things like time and restoration was sorely lacking from the specifications contract.The roads are deplorable around town and my mail box is still not right from 2 years ago.
MURLEY,EVERS,AND THE WATER DEPT ARE SCREWING UP OUR BEAUTIFUL TOWN don't let them write another contract -please.

Anonymous said...

At the meeting, Ever's excuse for not disclosing the contract to the rest of the board was that the board approves all kinds of contracts without the rest of the members seeing the fine print. He had the audacity to compare the Engineering Contract for the new mall to a contract they agreed upon for a check writing company. Sounds like apples and oranges to me. Of course the board wants to see any and all contracts associated with the biggest project in town! Then in the next breath he went on to say how sensitive they've been to the mall development. Hmmm...so sensitive that he doesn't share the Engineering contract with the rest of the board?