Oh what a tangled web we weave...Part 4

Next, let's take a look at the supposed "shares services agreement" that closed down the Senior Center.

Let me state right up front, I believe what was done to the New Hartford Senior Center is deplorable and I sent an email to each councilmen and the town attorney with no response.

Recent political writings of Miscione indicate that the town is looking to maybe purchase a bus to provide residents transportation to and from the Parkway Center. What law will they violate to do that; it's going to be difficult to justify since we no longer have a Senior Center? Sounds like Miscione is looking for the senior vote, don't believe it.

In conversations I had with Miscione shortly after he was first elected in 2018, he made it clear that he was going to get rid of the Senior Center one way or another.

You might remember the first attempt when a developer bought the former Ramada Inn on New Hartford Street. That deal fell through.

So, a new deal was born...

From the Utica Observer Dispatch:

Partnership gets senior programs to New Hartford residents at Utica rec center

From the above article:

"A public-private partnership will provide services and programming for New Hartford seniors in Utica."

In yet another article in the Rome Sentinel, September 9, 2022, there was a similar story:

Town, agency to partner on services for seniors New Hartford, 50 Forward in Utica work together to assist older adults

That article also tends to imply that the Town of New Hartford is partnering with 50 Forward Mohawk Valley, a local non-profit, not the City of Utica.

Why is Palmieri involved if the contract is between the town and the agency?

After reading the news articles, I emailed each town board member and the torwn attorey raising questions. As usual, not one of them responded.

The following was presented at the September 7, 2022 town board meeting:

IV. MATTERS SUBMITTED BY COUNCILMEN

A. COUNCILMAN REYNOLDS

ii. Met with the Methodist Church – 95 Oxford Road – receptive to us moving Senior Center there, willing to sit down and discuss proposal; realize there is a proposal to go to the City and is an excellent step, great program; should entertain at some point in the Town, review process, most important thing is to get it back in New Hartford and out of the Town Hall Building (doesn’t work in this building), met with their Board and receptive to discuss further and we should revisit that at some point

Town Attorney Herbert Cully – there is a proposal to enter into an agreement with

Mohawk Valley (50 FORWARD):

WHEREAS the TOWN desires to make available health and wellness, social and recreational services to all senior citizens (individuals 60 years of age and over (who reside in the TOWN, and,
WHERAS 50 FORWARD operates a facility at 220 Memorial Parkway, Utica, New York which provides such services to senior citizens;

IT IS AGREED AS FOLLOWS:

1. The TOWN will pay $35 for membership/$30 for renewal memberships of any senior citizen (individuals 60 years and over) who are residents of the TOWN (proof of residency will be required)

2. 50 FORWARD will allow said residents to enroll in its program at the 50 FORWARD Parkway Center, 220 Memorial Parkway, Utica, NY and provide transportation to and from said Center.

3. 50 FORWARD will bill the $35.00/$30.00 annual/renewal registration fee for each said resident to the TOWN within 30 days of registration.

Councilman Lenart introduced the following Resolution for adoption and duly seconded by Councilman Messa:

(RESOLUTION NO. 220 OF 2022)

RESOLVED, that the New Hartford Town Board does hereby approve the agreement with Mohawk Valley 50 FORWARD.

The Town Board voted upon roll call, resulting as follows:

All councilmen and the town supervisor voted "aye".

The Resolutions were unanimously carried and duly ADOPTED.

On October 29, 2022, I filed a FOIL for a SIGNED copy of the agreement.

On November 1, 2022, this is what I received from Cheryl via Barb Schwenwenzfeier:

Hi Cathy – As of today, 10:19am, this is what I have received so far. This satisfies your FOIL request.

Thank you!

Cheryl

From: Schwenzfeier, Barb
Sent: Wednesday, November 2, 2022 10:19 AM
To: Cheryl Jassak-Huther
Subject: Senior Membership

As requested.

Barbara Schwenzfeier
Assistant Director of Personnel

Town of New Hartford
8635 Clinton Street
New Hartford, NY 13413
(315) 733-7500 x2332
FAX (315) 801-4407
Web: www.townofnewhartfordny.gov
Email: barbs@townofnewhartfordny.gov

Click on the images below to enlarge.

I immediately wrote back with an appeal because I asked for a SIGNED copy and the copy I received was not signed.

The next day, on November 3, 2022, I received the following:

Hi Cathy – Please find attached the updated signed and dated contract.

Your FOIL request has been fulfilled.

Cheryl

I'm not an attorney, but how is this a valid contract?  It was signed two months after the Shared Services contract was supposedly in effect, and the contract is not on town letterhead?

Guess they weren't expecting anyone to FOIL the document because the second copy I received from my FOIL appeal is not even the same print as the one first sent to me.

For this to even become considered a Shared Services agreement as Palmieri and Miscione claimed, the agreement would have to be between the City of Utica and the Town of New Hartford. Otherwise, it would be a Private/Public agreement as the newspaper articles seem to imply.  Who is kidding who?

A Shared Services agreement requires an adopted board resolution for both parties...New Hartford has one, does the City of Utica??

A lot more goes into Shared Services and Public-Private partnerships than has been put into this deal! This was to help Miscione close down the Senior Center so he could use it probably to house New Hartford Central School offices who are now occupying that space.  The board should e ashamed of itself!

Here's the next problem...

Notice what the Observer Dispatch article (link above) stated:

Quote from Miscione...

"The town will save $40,000-$95,000 on staffing alone under the agreement, along with overhead costs like utilities at the former facility. The equipment from the senior center kitchen will be sent to Sherillbrook Park and the New Hartford Recreation Center for concessions."

Senior Services is a General Wholetown fund with taxes paid by all town residents including people in the two villages.

Sherrillbrook Park is a Part-town fund only paid by residents within the town.

Where is the town board resolution to move relatively recent purchases paid from an account where taxes are collected from the entire town to an account where taxes are only paid by the town proper??

Did the town board also move the bond payments and interest for the Senior Center equipment that was being paid by the General Wholetown to those costs in the Part-town so that the costs would be paid by applying sales tax to pay off the debt??

It is becoming quite clear that Miscione and this town board have absolutely no idea of town fund accounting; it has been made apparent many times and probably more times than can be garnered by reading town board minutes.

Fund accounting is nothing like doing a home budget.  Our town is comprised of the town proper and 2 villages; New York Mills and the Village of New Hartford; town finances have to be recorded to reflect that.

While we are on the subject of Senior Services, here is the bond resolution:

BOND RESOLUTION DATED JANUARY 24, 2019.

A RESOLUTION AUTHORIZING THE PURCHASE OF COMMUNITY CENTER KITCHEN EQUIPMENT IN AND FOR THE TOWN OF NEW HARTFORD, ONEIDA COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $75,000, AND AUTHORIZING THE ISSUANCE OF $75,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF.

Notice, the bond resolution was very specific; it was for KITCHEN EQUIPMENT...PERIOD!

If I recall, the town accepted a bid of about $35,000 for the purchase of the equipment...what happened to the extra $40,000 that was bonded? Anyone know??


Last thing for today...

I've heard a lot of misinformation about the lack of financials being filed by Miscione. Let me set the record straight.

By May 1 each year, General Municipal Law 30 requires that an Annual Update Document (now called AFR) has to be filed with the NYS Comptroller.

Misicone, as the town's CFO, has not filed one since 2021.

The town is required by contract to file Audited Financials with the Securities and Exchange Commission (S.E.C.), Federal law, by June 30th each year that the town has outstanding debt.

Miscione has not filed an audit since 2022 and has filed late in previous years.

The 2021 and 2022 Audited Financials include a document that the auditors, Drescher & Malecki required be signed by both Miscione and the bookkeeper. I like to call it a "cover your ass" document for the auditors.

Both S & P and Moody's did not put New Hartford under a Credit Watch; they withdrew their previous credit ratings due to lack of financial information provided by the town.

With that being said, I will be back tomorrow!