Collins Recusal

This article appeared in the Townsman, March 12 edition

A letter to the Town dated March 5 from Riseley & Moriello, the law firm representing RUPCO in its application for construction of 53 units of affordable housing behind the Bradley Meadows shopping center in Woodstock, takes issue with Councilman Chris Collin’s contention that the Woodstock Town Board has the power to deny municipal water and sewer service to the project if it gets through the Planning Board process.

Citing numerous legal decisions and sections of Woodstock local laws, the letter states that, “RUPCO possesses the statutorily granted right to connect to the existing Town of Woodstock Municipal Sewer System without the necessity of discretionary review by the Town Board…”

Section 243-33 in the codified laws of the Town of Woodstock reads, “Those properties which are now divided by [Hamlet Sewer] District boundaries shall be considered to be wholly serviced by the District.” The Town Board in 2008 unanimously approved this language, which had been originally constructed in 1985, when local laws were codified. A small portion of the 28 acre parcel where the proposed project is to be situated is in the Hamlet Sewer District. The same is true of the Water District.

“Based upon all of the foregoing,” the letter concludes, “individual Town Board Members do not possess the authority to exercise discretion to ‘scuttle the project since it would be they who have to approve any hook-ups to town water and sewer systems’, as purportedly attributed to Town Board Member [Chris] Collins…”

The Collins quote was taken from a news article printed last February 19.

The letter, copied to the Woodstock Ethics Board, also recommends that Collins recuse himself from any discussions at the Town Board regarding the RUPCO application. “Mr. Collins’ allusions to scuttling the project… while coupled with his written opposition to this particular affordable housing proposal, may be construed… as violative of the Fair Housing Act. At minimum, his positions present a clear conflict with his ability to perform impartial participation in consideration of the project.”

Collin’s letter to the Planning Board opposing the project was reported exclusively in an earlier edition of this newspaper.

Under the title of ‘Political Influence’, the letter states, “…such pandering [by Collins] to project opponents is wholly inappropriate and could expose the Town of Woodstock to substantial monetary liability,” following up this assertion with numerous citations from case law.

Additionally the letter advises, “…biased positions of Town Officials have no place in the process and I [attorney Michael Moriello] urge the Town Board to confer with the very capable Rod Futerfas, Esq. in this regard.”

Futerfas is the appointed attorney for the Town.

In conclusion the letter asks, “…that this matter be referred to the Town of Woodstock Ethics Board for official consideration in order to effect a recusal of Town Board Member Collins from any further consideration of the [RUPCO] project.”

Collins has not responded to a request for comment.