A discussion has arisen following a bid offered at the recent Wayne County Real Property Tax Auction which occured on Wednesday, June 13th.
Ontario Town Supervisor, Frank Robusto, who is a Realtor by trade, put in a bid on a Property listed in the auction.
Following the auction, County officials questioned the legality or ethics, including probable conflict of interest in Robusto making such an offer.
“There is potential for pursuing what might be considered a conflict of interest — for an elected County official to purchase properties from its Tax Auction,” said County Administrator, Richard House.
“It came to our attention today, after yesterday’s auction, that a Town Supervisor and member of the County Board of Supervisors made an offer on one of the Properties being sold for back taxes,” explained House. “Our County Attorney is, at this time, looking into the legitimacy of the purchase, which may have the potential of a violation of County ethics and compliance. If it, in fact, was a case where a person, knowingly and willfully went ahead with an action, which was advised against, there would be grounds for action, according to the General Municipal Law, Article 18, Section 804.”
According to House, besides the required statutory nullification under General Municipal Law, Section 804 of any contract which would violate Article 18 of the General Municipal Law (Section 800, et. Seq.), GML, Sec. 805 provides that “knowing and willful” violation of Article 18 is a criminal misdemeanor offense.
Depending upon what reaction is shown to this lapse being brought to the attention of the Supervisor in question, there may need to be a referral to the District Attorney’s Office for possible criminal prosecution.
It was learned that Mr. Robusto’s wife works for the County Real Property Office, and that could also be a potential conflict of interest.
The Administrator indicated that, if the property offer was later forfeited or denied, the remaining members of the Board of Supervisors could decide if the deposit on the property would be be retained.
Supervisor Robusto, following the discussion on Thursday, issued this statement: “Throughout the years, I have purchased properties through the auction process in order to fix them up, and, as a result, get them back on the tax-roll. Last night was no different. I went to the property auction and put in a bid for a property in Macedon, which I was able to obtain.”
“Three minutes before the bidding process, the County Attorney expressed concern about my ability to do so, as I am now in the Town Supervisor role for Ontario. We briefly talked about how there are no current town or county regulations or policies that would prevent a person in a Supervisor role from purchasing a property through the auction process.”
“The information on the property in question is public record. The auction process is very transparent. As with any property purchased through the auction, the county board will vote on the buyer. Of course, I plan on abstaining from that vote.”
“I welcome the conversation from my fellow town officials to discuss our current policies, and will continue to operate within my rights.”
Robusto, later concluded:“….Realizing this could be a gray area, to avoid any appearance of anything improper, I will be asking the Board
Scott Furey, age 48, residing at 3200 Mill Road in Macedon reportedly called his girlfriend at her Town of Irondequoit home to come over to patch things up after an argument. She had gone with a friend, leaving Scott in Sodus Point after a night of partying.
You may write a memory or condolence to the family by visiting watermanfuneralhome.com
WALWORTH: Marge passed away peacefully at home on April 26th, 2018 at the age of 84. She is survived by her loving husband, James Drew; her children, Allan & Jennifer (Naresh);
WEBSTER: Barb passed away peacefully with her family by her side on Saturday, June 16, 2018.
MARION/NEWARK: Kimberly J. Little, 54, died on Monday (June 18, 2018) at her home in Marion. Kim was born on March 2, 1964 in Rochester. She was a graduate of Newark High School and lived in the area all her life.
NEWARK: Cherry D. Patterson, 81 entered eternal rest on Tuesday, June 19, 2018 at his home. Cherry was born the son of the late Hubert and Lilly Mirtie (Midkiff) Patterson on Tuesday, July 14, 1936 in WV. He worked at Mobil Chemical as a Machinist for 25 years, retiring in 1991. Cherry enjoyed working in his yard and hunting. He was a “jack of all trades” and used his talent around his home and helping others fix their items. Cherry will be remembered by his wife, Geraldine Patterson; daughter, Ann Patterson; son, Michael (Angela) Patterson; grandsons, Anthony Patterson and Nate Beard; many, nieces, nephews and cousins including Raymond and Randy Humphries. Cherry was predeceased by three brothers, one sister and a cousin, Alvis Humphries. There will be no prior calling hours or funeral services. Family will greet friends for a burial in East Palmyra Cemetery Saturday (June 23) at 2 p.m. In memory of Cherry, in lieu of flowers please consider donations to Diabetes Association, 160 Allen Creek Rd, Bldg 160, 1st FL, Rochester 14618 OR American Heart Association, 25 Circle St, Rochester 14607. You may write a memory or condolence to the family by visiting watermanfuneralhome.com