To the Editor:

This is a letter to the Berne Town Board.

Consistent with New York State Law, the Berne Planning Board needs to provide support to the community and hold its regular meetings. On Feb. 27, 2020, the Supreme Court of Albany County ruled that the town’s action in firing Ms. [Emily] Vincent from the planning board was illegal and ordered that she be reinstated. In addition, the court ruled that the appointment of Mr. [Thomas] Spargo as chair of the planning board was also illegal.

In order to continue to serve our community, we intend to convene our next meeting in accordance with New York State Executive Order No. 202 in a manner similar to the manner in which we conducted planning board business prior to the appointment of Mr. Spargo.

The planning board had previously suggested that Mr. [Todd] Schwendeman be appointed chair of the planning board. Given that Mr. Spargo is no longer the chair, please advise who will be appointed chair so that our meetings can be conducted efficiently. 

We look forward to your prompt reply. 

Todd Schwendeman

Mark Sengenberger

Emily Vincent

Micheal Vincent

Lawrence Zimmerman

Town of Berne Planning Board

Editor’s note: See related story.

Supervisor Sean Lyons told The Enterprise that he has been in contact with the planning board and told its members that meetings have to be “held in accordance with the ever changing orders being sent down from the Governor’s Office.”

To comply with the governor’s directive on the state’s Open Meetings Law, board meetings have to be available to the public as they are in progress, with a written transcript also made available.

“If you or any of the other boards and advisory panels NEED to meet,” Lyons wrote to the planning board, “please send me a request with your plans, along with town counsel we will determine if all the executive orders are being fulfilled in regards to the open meetings law and if so you will get the go ahead to proceed with your meeting.”

The Berne Town Board on Wednesday appointed new counsel, and Lyons told The Enterprise, “With our new municipal law firm, they are able to provide many solutions for live streaming and conference calling and will be available to all our boards.”

On choosing a new planning board chairman, Lyons said on Wednesday afternoon that it “will be done soon.”