Letters to the Editor
Are Alden Planning Board salaries authorized under Town Code
By Robert Wohlgemuth
Jan 15, 2008, 10:25

Regarding Alden Planning Board compensation, it is my belief that town tax dollars are being spent without the authority to do so. This has been going on for years and may be a considerable sum when the final tally is done.

Adding insult to injury, these dollars were being paid to members of the planning board when they were not present at meetings. Some members missed numerous meetings throughout the year. Foil requests of years 2004, 2005, and 2006 W2’s show that members were paid for all meetings regardless of attendance.

Some towns pay their planning board members, however these towns have local laws in place that allow such payment. These local laws were created with public input when they were being drafted.

Alden has a local law where the public had input, but it does not include compensation. Other towns have drafted many other requirements of their planning board members. Alden does not have any stipulations in the local law.

Citizens should expect that the expenditure of their tax dollars be in accordance with the law. Government officials have a duty to ensure this. The public must be able to trust their elected local officials.

Regarding planning board member conduct, the public has the right to expect conduct that does not raise suspicion that violates the public trust. Members of this board have violated our trust taking tax dollars when not in attendance.

Members should step down and allow individuals to be appointed that we can trust, if they do not the town board should dismiss them. The planning board is not elected, it is chosen by the town board and its conduct must hold up to public scrutiny.

Letter to Alden Town Board

January 7,2008

To: Alden Town Board, Alden New York

Ron Smith, Supervisor
William Weber, Council member
Ronald Snyder, Council member
Mary Riddoch, Council member
Arlene Cooke, Council member

Re: Planning board compensation and vice chair appointment

In the past members of the planning board have been compensated. Alden Town Board members have approved this compensation by resolution. In addition, appointment of a vice-chairman has also been done by resolution.

It is my belief that this compensation and vice chairman position is unlawful as the Alden Town Board does not have the authority to compensate members or appoint vice chairman by local law or New York law.

Alden Town Law: Chapter 20-88 Planning Board

The Town of Alden shall appoint a Planning Board consisting of seven (7) members, said appointments to be made in the manner as prescribe by Town Law. The Planning Board shall act as an advisory to the Town Board.

New York State Law allows for the Town of Alden to create a local planning board. But this law also states, as part of this local law compensation may be included. We do not have compensation as part of our local law. In addition in the absence of the chairperson the planning board may designate a chairperson.

NYS TOWN LAW Article 16 section 271

§ 271. Planning Board, creation, appointment:

1. Authorization.

The town board of each town is hereby authorized by local law or ordinance, to create a planning board consisting of five or seven members and shall, by resolution, appoint the members of such board and designate the chairperson thereof.

In the absence of a chairperson the planning board may designate a member to serve as chairperson. The Town Board may, as part of the local law or ordinance creating said planning board, provide for the compensation of planning board members.


The Alden Town Board has the authority to compensate Officials and employees by New York State Law Article 3 section 27 (complete law attached). This law includes the meaning of official, Law Article 3 section 20 (complete law attached) and the planning board is not included.

The following past resolution from 2007 is not lawful and in fact it states a Law section 272 which is not even a law.


THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN COOKE WHO MOVED ITS ADOPTION SECONDED BY COUNCILMAN SNYDER TO WIT:

RESOLVED, that Ralph Witt be and hereby is appointed Chairman of the Planning Board for the year 2007 pursuant to the Rules and Regulations; Article 16, Section 272 of the Town Law, and Gerald Sanok be and hereby is appointed Vice Chairman at a salary asset forth in the Schedule of salaries for said year and Sue Galbraith be appointed as Secretary to the Planning Board for the year 2007 at a salary as set forth in the Schedule of Salaries.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call and was unanimously adopted.

If the Alden Town Board feels it needs to update the local law, during the Master Plan process this can be done. Additional criteria should be included in this Local Law:

1) Attendance requirements

2) Training requirements

3) Thought of going to 5 members with alternate member

4) Planning members have no other position in Town

3) Planning board agenda

4) Require planning board to have public speaking on agenda

5) Agenda requirements

Numerous other Towns do not compensate members of the planning board. The Alden Town Law adopted also does not include compensation. The Alden Town Board does not compensate the Environmental committee either.

Please follow our local laws, as you would expect others to.

Respectfully,

Robert Wohlgemuth
Alden NY


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