In direct opposition to the town supervisor, a member of the Sennett Town Board says the town spends too much money on legal services and is requesting that it not renew the annual contract with its law firm.
“We can get better advice for less money and show a true concern for what is best for our Town,” Jeff Herrick said in a letter to The Citizen submitted last week, a letter in which he claims legal costs this year have nearly doubled what was budgeted.
For the current year and for 2008, the town has budgeted $75,000 for legal expenses.
“It is beyond belief how a town of 3,500 residents with a $1 million budget needs as much legal service as provided by Blair and Cheney,” Herrick said.
He said he compared Sennett with a number of other nearby towns, and none had a budget exceeding $15,500.
Sikora and Herrick have battled the past year over the Bonca's restaurant case, in which the town board fought the opening of a new eatery in the former Pioneer Restaurant space, saying the new owners were violating numerous zoning laws. At one point in that process, the town board took the town's own zoning board of appeals to court.
Sikora, though, said Herrick does not have his facts straight.
“There are numerous strewn facts in this letter that are all wrong,” Sikora said. “There are numbers and accusations that are not true and untrue insinuations.”
Sikora said Herrick never attended a budget process meeting and did not ask the bookkeeper or town clerk about the budget process.
Cheney and Blair have a $10,000 retainer, Sikora said, and the budget figures represent estimates of anticipated legal costs. In 2006 actual attorneys fees totaled $51,558, and in 2007 the total was $54,354.09, reflected in worksheets for the 2009 budget.
Herrick said in his letter that Sennett's legal expenses for 2008 exceed $143,000, almost double the budgeted amount of $75,000. Besides hiring Cheney to defend its code enforcement officer in the Bonca's case, when the town sued its own Zoning Board of Appeals for its decisions, another lawyer, John Langey, had to represent the ZBA.
Sikora, though, said Herrick is wrong to pin the entire legal budget on the Bonca's matter.
“Bonca's was one of about six litigations we were involved in,” Sikora noted.
He also maintains that the $143,00 figure is erroneous and that all bills are not in for 2008. Herrick said that his figures are valid through 0ct. 31. 2008.
“We are doing a code rewrite,” Sikora said, “getting our laws put in one spot with a company called Codes Review.”
He noted that the town requires legal services to rewrite every law and that the budget reflects the anticipation of this process. Once the master plan is accepted, the town will review code by code and rewrite.
A committee discussed how much to budget for that process, he said, and town attorney Tom Blair suggested $75,000. Sikora said the increase in legal services is “because of new programs going into effect in Sennett. It's the best guessed estimate of what we're going to do.”
Herrick also quoted the following clause from the legal services contract between the town and Cheney and Blair:
“'The Firm will provide the Town a monthly invoice describing the amount of general legal services rendered as well as additional legal services. Detailed time entries will be available for the inspection of the Town Supervisor or other authorized Town Board members upon request at the Firm's offices.”
Herrick took issue with the word “authorized” and the fact that detailed entries were being kept at the legal office as opposed to at the town.
“In my opinion,” Herrick said in his letter, “the Legal Services Contract for 2008 between Supervisor David Sikora along with Blair and Cheney conspired to mask the legal service fees against Bonca's from the taxpayers by adding [that} paragraph.”
“It's ridiculous,” Sikora said.
This arrangement had been discussed with the town board, he said, and that any authorized member of the town board in good standing doesn't need special permission to review the legal details.
“Tom (Blair) came to us in 2007,” Sikora said. “He said it was safer to keep details in his office rather than with the board.”
He noted that Herrick had voted for hiring Cheney and Blair in 2008.
“Everything that's been done here has been above board,” he said.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
For the current year and for 2008, the town has budgeted $75,000 for legal expenses.
“It is beyond belief how a town of 3,500 residents with a $1 million budget needs as much legal service as provided by Blair and Cheney,” Herrick said.
He said he compared Sennett with a number of other nearby towns, and none had a budget exceeding $15,500.
Sikora and Herrick have battled the past year over the Bonca's restaurant case, in which the town board fought the opening of a new eatery in the former Pioneer Restaurant space, saying the new owners were violating numerous zoning laws. At one point in that process, the town board took the town's own zoning board of appeals to court.
Sikora, though, said Herrick does not have his facts straight.
“There are numerous strewn facts in this letter that are all wrong,” Sikora said. “There are numbers and accusations that are not true and untrue insinuations.”
Sikora said Herrick never attended a budget process meeting and did not ask the bookkeeper or town clerk about the budget process.
Cheney and Blair have a $10,000 retainer, Sikora said, and the budget figures represent estimates of anticipated legal costs. In 2006 actual attorneys fees totaled $51,558, and in 2007 the total was $54,354.09, reflected in worksheets for the 2009 budget.
Herrick said in his letter that Sennett's legal expenses for 2008 exceed $143,000, almost double the budgeted amount of $75,000. Besides hiring Cheney to defend its code enforcement officer in the Bonca's case, when the town sued its own Zoning Board of Appeals for its decisions, another lawyer, John Langey, had to represent the ZBA.
Sikora, though, said Herrick is wrong to pin the entire legal budget on the Bonca's matter.
“Bonca's was one of about six litigations we were involved in,” Sikora noted.
He also maintains that the $143,00 figure is erroneous and that all bills are not in for 2008. Herrick said that his figures are valid through 0ct. 31. 2008.
“We are doing a code rewrite,” Sikora said, “getting our laws put in one spot with a company called Codes Review.”
He noted that the town requires legal services to rewrite every law and that the budget reflects the anticipation of this process. Once the master plan is accepted, the town will review code by code and rewrite.
A committee discussed how much to budget for that process, he said, and town attorney Tom Blair suggested $75,000. Sikora said the increase in legal services is “because of new programs going into effect in Sennett. It's the best guessed estimate of what we're going to do.”
Herrick also quoted the following clause from the legal services contract between the town and Cheney and Blair:
“'The Firm will provide the Town a monthly invoice describing the amount of general legal services rendered as well as additional legal services. Detailed time entries will be available for the inspection of the Town Supervisor or other authorized Town Board members upon request at the Firm's offices.”
Herrick took issue with the word “authorized” and the fact that detailed entries were being kept at the legal office as opposed to at the town.
“In my opinion,” Herrick said in his letter, “the Legal Services Contract for 2008 between Supervisor David Sikora along with Blair and Cheney conspired to mask the legal service fees against Bonca's from the taxpayers by adding [that} paragraph.”
“It's ridiculous,” Sikora said.
This arrangement had been discussed with the town board, he said, and that any authorized member of the town board in good standing doesn't need special permission to review the legal details.
“Tom (Blair) came to us in 2007,” Sikora said. “He said it was safer to keep details in his office rather than with the board.”
He noted that Herrick had voted for hiring Cheney and Blair in 2008.
“Everything that's been done here has been above board,” he said.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
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Post your comment - click hereThere are 8 comment(s)
Rickshaw45 wrote on Dec 8, 2008 8:21 PM:
auburnman55 wrote on Dec 8, 2008 3:27 PM:
auburnman55 wrote on Dec 8, 2008 3:26 PM:
logic wrote on Dec 7, 2008 2:58 PM:
logic wrote on Dec 7, 2008 2:37 PM:
NO one has taken into consideration the filing fees, transcription cost, and other related cost to any legal process.
How much did it cost the town to pay for legal representation of it's ZBA? How much is the town paying for retainer of their lawyers? What does the retainer cover? What are the hourly expenses?
Why is there not separate legal representation for Planning and ZBA like most other towns and villages?
Give the people the correct numbers- I tend to believe that Herrick is alot closer to the correct total than Sikora.
It appears that the lawyers are the true
decision makers in the Town of Sennett.
Come clean for all tax payers to understand what is really going on- then look into reasonable legal representation for the town. Other towns seem to be getting by paying less.
Are the taxpayers of Sennett working for
Cheney and Blair as it appears? it should be the other way around. "
shoemaker187 wrote on Dec 7, 2008 9:19 AM:
wheresthe beef wrote on Dec 7, 2008 8:06 AM:
pentangelli wrote on Dec 7, 2008 7:52 AM: