Sennett Town Board hears concerns about highway superintendent

By Kathleen Barran / The Citizen

Tuesday, November 18, 2008 11:46 PM EST

SENNETT - The Sennett Town Board dealt with some negative and some positive developments Tuesday night.
Early in the meeting, during the public forum, resident John Holmes spoke out about the recent allegations against the highway superintendent and their effect on Holmes and other residents.

James Smith, highway superintendent, was arraigned in Town of Brutus Court for alleged questionable financial records at the same time as the town board meeting.

“We were kind of shocked and appalled at what we heard about the highway superintendent,” he said. “Some wondered why he still had access to the building and trucks and seemed to be carrying on as if nothing happened.”

While Holmes said he had known “Smitty” for more than 25 years, he expressed concerns about the possibility of computers being purged and Smith's ostensible access to them.

Town attorney Tom Blair explained that, while he couldn't go into specifics about an ongoing investigation, the town board had considered all options in dealing with the situation.

“An elected official can only be removed by the people,” Blair said.

He also reminded Holmes that Smith had only been alleged of doing something unlawful.

“Only with a conviction can an elected official be ousted,” he said.

“Other officials do not have the power to remove him pursuant to laws written in New York. It's in the D.A.'s hands currently. There's no conviction.”

Holmes was still concerned about oversight of the town's finances and questioned whether the system of checks and balances was working.

“A red flag was raised by the bookkeeper because of the checks and balances,” Town Supervisor David Sikora said, referring to the highway superintendent's alleged activities.

“Can you assure me the red flag wasn't something that happened by accident? As a taxpayer I want to know,” Holmes said.

Sikora assured him that an in-depth investigation was being conducted, going back in time.

“We're shaking everything down,” Sikora said. “We're noodling everything out.”

Holmes expressed his disappointment at happenings in the town over the past year.

“I feel a little ashamed,” he said. “I've lived in the town 55-plus years. I can't ever remember reading in the past about such things happening. I feel cheated to see my tax dollars going to keep a business (Bonca's) out of town. I would rather see it go to bring some business in town.”

Holmes didn't believe town councilor Ken Champlain's assertion that the Bonca's case didn't cost the town anything for legal representation and admonished the town for letting it go to court.

The board moved on to authorize the town supervisor to enter into an Inter-Municipal shared services agreement to study the feasibility of consolidating and regionalizing water and wastewater serviced among the City of Auburn, Sennett, Aurelius, Fleming, Owasco, and Throop, contingent on the awarding of a $50,000 grant.

The resolution passed, 4-1, with Jerrold Eades, town councilor, against.

Eades was skeptical about the agreement based on an earlier time the town got involved with building a sewage treatment plant, when he said the matter ended up in court with suits and countersuits.

The agreement requires the combined towns to appropriate $5,000 toward the study. Sennett voted to contribute $833.34, or not more than $900.

“This is a first mini-step in many steps to see whether it's feasible to have a shared water authority,” Sikora said. “Consolidation is imminent, and it's the responsibility of the board to look into the future. This is a regional community now, not just for Sennett. This is the best $900 we've spent.

“Not only is one door of opportunity open; it can blow the door down.”

Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net

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