“What we’ve got here is failure to communicate” - Hurley Board and Highway Dept Responds in War of Words
Letter: Town Board Gone Rogue!
Letter
By Town of HurleyHighway SuperintendentMichael C. Shultis
To the Editor: Back in November 2022, this current [Hurley] town board adopted a 2023 Budget which set tax revenues on your January 2023 property tax bills. In the first quarter of every year, the highway superintendent submits the 284 Agreement to the town board laying out how those budgeted monies will be spent. The 284 Agreement was developed by state legislators for transparency to the taxpayers and not to be used to micromanage the independently elected highway superintendent. The current supervisor is confused by proper procedure regarding the 284 and the laws that govern it.
I don't want to get too technical, but the numbers used on the 284 are already approved budget numbers, not new funding.
In a recent press release by the supervisor, it sensationalizes this misrepresentation with the headline, "Hurley Town Board approves spending over $400,000 on highway repairs.” This money was already approved during last year's budget process.
What the town board failed to do was sign the 284 Agreement as put forth by me on March 30, 2023. The supervisor and two board members voted to table the agreement during three separate meetings over six weeks, knowing full well come May 1 there would be no money available to pay highway bills and payroll. From May 1 to Oct. 31, the highway budget operates off the Repair Budget Line. Nov. 1 to April 30, we operate under the Snow Budget. I spoke with the union rep about the possibility of layoffs since the law reads, if no 284 Agreement is signed the highway superintendent becomes personally liable for any expenditures. With payroll at $12,000 a week plus materials requirements, I am not willing to place myself and my family in that position of liability.
When the supervisor realized their error, an emergency meeting was called to "approve" and sign the 284. The only problem is they chose to edit the submitted proposal, which they cannot do under [state] Highway Law. They removed all paving (11 roads budgeted at $300,000) and added that to the repairs budget of $135,000, which again is not allowed under their resolution.
This board has gone rogue and decided to politicize the highway department for their own personal agenda to the detriment of taxpayers.
The losers are the highway crew, which are the best any superintendent could ask for and work hard each day. The supervisor is holding them hostage with these silly political tactics in an election year.
I have been in contact with the New York State Association of Town Highway Superintendents, which represents all 932 town highway superintendents in the state. After two staff members viewed the video from the May 3 meeting, they stated, "It appears the town board does not know what they are doing.”The association recommended that I hire outside counsel to represent the highway department, which I have done to represent the best interests of the highway department and taxpayers of Hurley.
Yours in service,
Michael C. Shultis
Town of Hurley Highway Superintendent
Letter: Shultis Is Wrong About 284 Agreement
Letter
By Hurley Town PublicInformation OfficerJeremy Schiffres
To the Editor: Town of Hurley Highway Superintendent Mike Shultis has been making considerable noise on Facebook, and presumably with some of you, about the Town Board not approving the entire New York Highway Law Section 284 Agreement between him and the town.
The crux of his argument is that state law says a town 284 Agreement is a "Highway Superintendent-created document." This is false.
The full text of New York Highway Law Section 284 can be found here: https://codes.findlaw.com/ny/highway-law/hay-sect-284/
Nowhere does it say a 284 Agreement is a "Highway Superintendent-created document." In fact, it refers to Highway Department work being "agreed upon by the town board and the town superintendent of highways.”
The law also cites other sections of state Highway Law, and some of those laws cite sections of the state's Town Law. But none of those laws give town Highway Superintendents the full authority that Mr. Shultis claims.
Jeremy Schiffres
Public Information Officer
Town of Hurley