TOWN OF VIENNA
SPECIAL MEETING MINUTES
August 15, 2022

PRESENT: Supervisor Michael M. Davis Sr., Councilman Jason Spellicy, Councilwoman Gail Whitham, Councilwoman Wendy Herbst, Councilman Jason Lamb

CALL TO ORDER:

Supervisor Davis called the meeting to order at 6:00PM.  Pledge of Allegiance.

Public Hearing- Richard Mansfield:

A motion was entertained by Supervisor Davis and seconded by Councilwoman Whitham to enter the public hearing for discussion on the removal of Richard Mansfield from Zoning Board of Appeals (ZBA) at 6:02pm.  Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilman Lamb                  Aye

Councilwoman Herbst              Aye

Attorney Bell requested that attorney Evan Rossi not participate in the public hearing or to council the members throughout the process, because he has identified himself as a fact witness. Attorney Evan Rossi agreed with this and stated he will go into executive session with the Town Board to give legal counsel. Supervisor Davis started the public hearing by reading off an email from the Town’s attorney Evan Rossi to Richard Mansfield dated August 5th, 2022. Supervisor Davis stated charge number 1 towards Richard Mansfield is violation of the Town of Vienna Ethics Law. The section violated states, “no public officer or employee or member of any Board serving the Town of Vienna shall: … (D)hold any office in a political party or political party organization.”. Mr. Mansfield currently is the chairman of the Republican Party and holds a position on the ZBA, causing him to be in violation of the Ethics Law. Supervisor Davis noted the four exhibits that further support this charge. Exhibit 1 shows Richard Mansfield signed and stated he was aware of the Ethics Law, dated January 14, 2022. Exhibit 2 is a copy of a complaint submitted by a Town of Vienna resident that concerns this issue, dated December 16th, 2021. Exhibit 3 provides an example of attorney Evan Rossi giving attorney Bell and Mr. Mansfield a chance to rectify the conflict before the Primary date by resigning from the ZBA or discontinuing his efforts to serve on the political committee, dated April 7th, 2022. Exhibit 4 is an example of the Town, dated July 15th, requesting that Mr. Mansfield either withdraw from the ZBA or withdraw from the political committee. Supervisor Davis stated the second charge towards Mr. Mansfield is that he had acted inappropriately after the ZBA Public Hearing, dated November 10th, 2021. The alleged inappropriate actions were towards Town of Vienna Employees and officials. Threatening, swearing at, and, making attempts to be physically abusive towards these Town Employees and officials were deemed the inappropriate actions. Supervisor Davis stated that exhibit 5-7 provided evidence towards this charge. Exhibit 5 is a copy of the surveillance video that shows the altercation. Exhibit 6 and 7 are the statements of attorney Evan Rossi and Codes Officer Reay Walker, on the events from the ZBA special meeting. Attorney Bell started with trying to defend her client against charge 1. She starts this with saying the record for the meeting is incomplete. Attorney Bell states she has not received some of the references Supervisor Mike Davis stated in his explanation. Attorney Bell states some of the evidence before 2018 can not be used being the law was done in 2018. Councilman Spellicy stated that the Ethics Law was in effect during them times and that every so often the law is updated and that 2018 just happened to be when the Town Board last updated the Ethics Law. Attorney Bell believes that there are an excessive number of errors that the Town has committed in handling this matter. Attorney Bell states that Mr. Mansfield did receive a handwritten letter about the complaint and that he was not given the chance to appear in front of the Ethics Board, like the Ethics Law states should happen if a complaint is made. Attorney Bell also states Mr. Mansfield did not receive a copy of the Ethics Law or sign anything stating he received it when he was appointed to the ZBA. Attorney Bell uses exhibits A-H to explain her points. Exhibit A is a letter from William A. Graham, the Town of Vienna’s old Supervisor, that states that there will be a special meeting on October 4th, 2021 to discuss the complaint made. Exhibit B is a advisory memo to Mr. Mansfield that states that Mr. Mansfield is in violation of the Ethics Law but that there seems to be no conflict of interest. Exhibit B also provides the Ethics Board’s recommendations on how to further continue. Exhibit C is a copy of a email thread between Attorney Bell and the town’s attorney Evan Rossi. This email thread shows Attorney Bell relaying that Supervisor Davis broke the Ethics Law by distributing the Ethics Law out to the ZBA members to sign and acknowledge. It also shows the town’s attorney Evan Rossi disputing these arguments. Exhibit D is another email thread between Attorney Bell and Attorney Rossi. This email thread shows Attorney Bell trying to follow up on the meeting in October and asking for information on the steps to get a waiver. Attorney Rossi’s response is not provided. Exhibit E is an email thread between Attorney Bell, Attorney Rossi, and the Town Board. In this email thread Attorney Bell is seeking more help on how to file a waiver and mover further and Attorney Rossi is providing some direction. The Town Board’s response is not provided. Exhibit F is an email thread between Attorney Bell and Attorney Rossi. This email thread shows Attorney Rossi further providing Attorney Bell in the next steps of the process regarding Mr. Mansfield. Exhibit G is a copy of a letter sent to Mr. Mansfield from previous Town Supervisor William Graham. This letter shows the previous Town Supervisor addressing the way Mr. Mansfield acted after the ZBA Special Meeting. Exhibit H is a letter from Lorraine Padavan to Attorney Bell. This letter states that Mrs. Padavan believes that Mr. Mansfield should not be removed from the ZBA. Supervisor Davis states that the Ethics Board business is at arm’s length from the Town Board and that at times Attorney Bell has not gotten back to them also.

 

A motion was entertained by Supervisor Davis and seconded by Councilman Lamb to close the public hearing for discussion on the removal of Richard Mansfield from Zoning Board of Appeals (ZBA) at 8:17pm.  Motion carried.

 

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilman Lamb                  Aye

Councilwoman Herbst              Aye

 

Public Comments:

     William Graham- Stated that the Ethics Law was created for reasons that are no longer applicable and that he believes we should get rid Section 4(D)from the Ethics Law all together. Mr. Graham also stated that he believes the Ethics Board should be included in the meetings regarding this discussion. States the previous Deputy Supervisor Jason Spellicy did review the letter he sent to Mr. Mansfield and that he did not want to write the letter but the Town Board told him to. He believes that the last resort should be a public hearing and the waiver was discussed and the attorney does not handle the waiver. Ultimately, Mr. Graham is against the removal of Mr. Mansfield from ZBA.

 

     Pat Duggleby- Stated that he had to resign from the Ethics Board in order to be on the Planning Board because of a violation of the Ethics Law. He did not get a choice to file a waiver, he had to choose between the Ethics Board or the Planning Board. He also states that the Code of Conduct states that being in someone’s face is considered misconduct. Ultimately, Mr. Duggleby believes Mr. Mansfield should choose between the ZBA or the Republican Party.

     Steven Piacentino- He believes that the Town does not understand the parliamentary procedure. He also states that if you are voted in that means you are not a public officer. Ultimately, Mr. Piacentino is against the removal of Mr. Mansfield from the ZBA.

     George Bittner- He believes that there is no conflict of interest for Mr. Mansfield. He also believes that it is the public official’s responsibility to come forward. Ultimately, Mr. Bittner is against the removal of Mr. Mansfield from the ZBA.

     Patt O’Brien- He believes that running is negative and nasty. He also states that at the top of any petition it is stated what party you are and that we can not say it is a conflict of interest until that is removed. Ultimately, Mr. O’Brien is against the removal of Mr. Mansfield from the ZBA.

     William Shaughnessey Jr.- He believes that Mr. Walker is the only one that was aggressive after the ZBA Special Meeting. He stated that in the video he sees two against one and that even if Mr. Mansfield wanted to do something he is outnumbered. He believes that one of the two should have gotten Supervisor Davis if it was an actual conflict. Ultimately, Mr. Shaughnessey believes that Mr. Mansfield should not be removed from the ZBA and that he should get his three months to make a decision on whether he is going to stay on the Republican Party or the ZBA.

      Brianna Hand- She believes that Supervisor Davis led what the public thinks when watching the video by narrating what happened. She stated that to her it seemed that no one around the conflict knew what was happening and that the video does not prove the allegations against Mr. Mansfield. Ultimately, Mrs. Hand is against the removal of Mr. Mansfield from the ZBA.

     Kathy Pavelock- States that she was in the midst of the conflict and that it did happen. She also states that if you are a member of The Town of Vienna you should always be on your best behavior because even if you are not working you still represent the Town of Vienna. Ultimately, Mrs. Pavelock is for the removal of Mr. Mansfield from the ZBA.

     Thomas Moore- He was not present for the meeting but emailed Supervisor Davis his thoughts on the situation. Supervisor Davis submitted to Attorney Bell, the Town Board, and the Town Clerk to be further evaluated.

     Darren Smith- He stated that the Ethics Law should be moved and that the Town Board acted unprofessionally by Supervisor Davis speaking on the issues. Ultimately, Mr. Smith is against the removal of Mr. Mansfield from the ZBA.

     Dean Marocchion- He believes this meeting was used to defame Mr. Mansfield. Ultimately, Mr. Marocchion is against the removal of Mr. Mansfield from the ZBA.

     James Collins- He stated that Mr. Mansfield used his power to help his own agenda and not what is best for the Town. He also stated that at one point Mr. Mansfield lied about what position he held and this is misconduct in the sense that he misrepresented who he was. Ultimately, Mr. Collins is for the removal of Mr. Mansfield from the ZBA.

 

Council Reports:

Councilwoman Whitham– Stated that as Town Officials should be careful on how they present themselves.

Councilwoman Herbst– No comment.

Councilman Spellicy– Stated that Ethics come down to appearances and not laws. Sometimes you have to make a move to keep up appearances so that this does not happen.

Councilman Lamb– Stated that the Town Board did not provide Attorney Bells documents because Supervisor Davis believed she would provide them.

Supervisor Davis– States that Mr. Mansfield has done a lot of work for the Town.

EXECUTIVE SESSION: 9:08PM Personnel issues, hiring, and disciplinary action

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to enter into executive session for personnel contracts and zoning litigation at 8:26pm.  Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilman Lamb                  Aye

Councilwoman Herbst              Aye

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to return to regular session at 9:56pm.  Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilman Lamb                  Aye

Councilwoman Herbst              Aye

 

No action taken.

 

ADJOURN: 9:58PM

A motion was entertained by Supervisor Davis and seconded by Councilman Spellicy to adjourn the meeting at 9:58PM.  Motion carried.

Voting Record:

Supervisor Davis                 Aye

Councilman Spellicy              Aye

Councilwoman Whitham             Aye

Councilman Lamb                  Aye

Councilwoman Herbst              Aye

 

Respectfully Submitted,

Beth A. Bunce