Tuesday, February 6, 2018
Goodbye Tyk....hope the door didn't hit you in the A$$ on the way out!
All appearances gave the impression that the aforementioned cell tower plan was devised behind closed doors; it wasn't even clear if the town councilman were aware of the cell tower plan prior to the December 13, 2017 town board meeting when a gentleman from Homeland Towers, LLC spoke in vague terms after which the town board was asked to approve a lease/option agreement with a 30-day permissive referendum.
Permissive referendum gives the public 30 days from the date of the adopted resolution to gather enough signatures to force a mandatory referendum on the plan to site a cell tower in Sherrillbrook Park.
However, Tyksinski's plan failed when it was brought to the town clerk's attention that the date used in the required legal notice was November 15, 2017 as the date of the resolution. Town Law requires that the actual date of the adopted resolution be used in any legal notice where permissive referendum is required.
The only town board meeting held in November 2017 was on November 8th. The actual date of the adopted resolution was December 13, 2017; how did they come up with a November 15th meeting date for the adopted resolution? Was the date that was used in the legal notice a quinky dink? November 15, 2017 would have allowed Tyksinski to sign the lease/option before he left office at the end of December.
The actual date of the board resolution would have left the lease/option for the incoming supervisor, Paul Miscione, to sign.
Because of the date screw-up, the board had to adopt another resolution with permissive referendum at the January 3, 2018 town board meeting; the legal notice was advertised in the January 10, 2018 Observer Dispatch. The permissive referendum period expired on February 2, 2018.
Since there was very little information made available at either town board meeting and the information that was made available at the December 13, 2017 meeting left me with many questions, I FOILed documents regarding the lease/option and was told they would be made available by January 22, 2018.
When the requested documents still weren't being made available by January 31st, which was just a few days before the public right to force a referendum would end, I sent another email to the town clerk asking for certification that no documents exist.
Within a couple of hours of sending my January 31st email, I received four (4) documents which were actually quite telling. What were they and what information was I able to glean from them?
I will be addressing the town board at the next scheduled town board meeting tomorrow evening. Trust me...the "plan" actually has more problems than just a date screw-up!