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General News: Dispute Over Legal Fees Escalates

September 21, 2010

Large legal bills from a law firm representing the village of Cornwall-on-Hudson sparked a dispute on Monday night at the village board meeting that ended with the police being summoned to remove spectators who were speaking out of order. The meeting was adjourned and the momentary chaos had subsided before the village police officer arrived so no action was taken.

The dispute started when Mayor Joseph Gross raised his concern that village trustee Mark Edsall had signed a check for $21,000 to pay the law firm of Tarshis, Catania, Liberth, Mahon and Milligram for its services to the village in June. Mayor Gross indicated he was concerned that individual board members had called the attorney for legal advice without board approval. Trustee Edsall said he, too, is concerned about the legal bills but doesn’t believe the mayor has the exclusive right to speak to the attorney who represents the entire board.

Calls to Curtail Waste, Question of Authorized Actions

Edsall also accused the mayor of wasting money on legal fees to review every single document, a reference to his refusal last month to sign a work order for soil testing at the department of public works building until it had been reviewed. Edsall also singled out the mayor’s appeal to the state attorney general for an opinion on whether the board or the mayor has the power to appoint the attorney for the village when, Edsall argued, the law clearly states that it is within the board’s power to do so.

Trustee Barbara Gosda attempted to focus the discussion on the fact that the legal fees threaten to quickly exceed the annual budgeted amount of $55,000 and she questioned whether an illegal meeting had taken place when three trustees spoke with the attorney by phone in June, an accusation that trustee Jim Kane disputed.  She also wanted to know if calls to the attorney needed to be authorized by the board.

Public Comments Ruled Out of Order

As the arguments continued, Brigid Flynn, a frequent critic of the mayor, spoke from the audience to call the meeting a “zoo” and the mayor banged his gavel and ruled her out of order, threatening to have her ejected if she didn’t stop talking. Flynn left the room, but not before a supporter of the mayor, Jonathan Chase rose to defend him. Trustees called on the mayor to rule Chase out of order as well and, when he didn’t, trustee Doug Vatter called the police to have him removed. Former trustee Rudy Hahn also rose to criticize Chase and the two traded harsh words.

At that point, trustees Vatter, Edsall and Kane approved a motion to adjourn into executive session and the public meeting ended without a resolution on how to control legal fees.



Comments:

Many kudos to Brigid Flynn, whom I don't know, for not letting herself be bullied by the Mayor.

From experience I know it is useless to talk to the Mayor on any matter where "he" has a differing opinion. He will not listen. From matters he deems small, where making it safer for C-O-H children and parents exiting the municipal lot, to matters spelled out in the N.Y.S. Government Handbook on Village Law. If he disagrees then that is the way it will be.

Dissension on the Board! When a Mayor has disdain enough to prevent a village resident from speaking because he disagrees with her says it all.

Power has changed Mayor Gross as he is NOT the same man I met when I moved to my new house in the Village. I can only shake my head and hope for change come March.


posted by P W on 09/21/10 at 1:29 PM

I know that you could not make it last nite Pat so here is a link for everyone who was not there and make youre own judgemhttp://www.youtube.com/watch?v=G7jSv-VYKuoent

Sorry for the lower quality on the second video I had to do it with my phone when the video camera battery died. the 2 videos are the last 17 minutes of the meeting. It starts with mayor Gross bringing up the $20000 bill from the law firm


posted by Andrew Argenio on 09/21/10 at 4:50 PM

Or go to my youtube channel andrewargenio on youtube and see the other parts of the meeting and work session with youre own eyes.


posted by Andrew Argenio on 09/21/10 at 4:52 PM

oops ArgenioAndrew at youtube <object style="height: 344px; width: 425px"><param name="movie" value="http://www.youtube.com/v/-yU6xi9dbw4?version=3"><param name="allowFullScreen" value="true"><param name="allowScriptAccess" value="always"><embed src="http://www.youtube.com/v/-yU6xi9dbw4?version=3" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="425" height="344"></object>


posted by Andrew Argenio on 09/21/10 at 5:20 PM

lets try this link and its
ArgenioAndrew on youtube
http://www.youtube.com/watch?v=-yU6xi9dbw4


posted by Andrew Argenio on 09/21/10 at 5:44 PM

here is the 2nd link for the last 7 minutes where it went haywire.

http://www.youtube.com/watch?v=G7jSv-VYKuo


posted by Andrew Argenio on 09/21/10 at 9:41 PM

regarding authorised actions and expenditures. Check out what they said if you could not make the meeting.

http://www.youtube.com/watch?v=JCiRrxZPWhE

all videos are at ArgenioAndrew, my channel on youtube


posted by Andrew Argenio on 09/21/10 at 10:26 PM

Mr Argenio,
Thank you for posting this video. Unfortunately, my busy schedule prevents me from attenting most meetings. I must say, having watched this display, I am left disgusted with my village. I cannot believe that five adults can act, repeatedly, like little children. There was no order amongst the board and no order in the room. Short of sending everyone to their blankets for a snack and a nap, I don't think that there is any way to have order with this board. EVER.


posted by Frank Vido on 09/22/10 at 12:51 AM

Congrats to Brigid Flynn & Jonathan Chase for standing up to local government.


posted by B Holiday on 09/22/10 at 6:13 AM

I'd like to thank Andrew for taping this meeting. I for one would be all for the permanent taping of these meeting and being posted on the Village website unedited. I'd rather the village to pay Andrew to do this then for this "ZOO" to continue.

Andrew and I don't agree on the political goings on in the Village but when we met we respected one another's views and not a harsh word was uttered between us. That is the way we all expect the board to act.

No village resident should be asked to leave a meeting no matter what side of the aisle they're on. What upset me the most though was how the Mayor told Brigid Flynn to "shut up". That really raised my hackles. I don't mind a good argument but you don't tell a constituent let alone a lady to shut up. This just reinforces my belief that our Major does not know how to treat people.

I ask any resident who cares to speak to the village workers. They work under a climate of fear. This has nothing to do with policy but the way they are treated. I know how the Mayor treated me over an issue of safety that would have cost the Village nothing. Like I said it's his way with no dissenting opinions as the Majority of the Board has found out.


posted by P W on 09/22/10 at 7:56 AM

Village friends,

Cornwall and COH are really, really facing potential changes to our community. It is great to see that there is a new supermarket coming to town and that the Open Space Institute has recently preserved land. It is very negligent from a citizen and elected official standpoint to ignore the true issues we are standing against regarding the potential closure of NYMA and the sale of the land for development, of any kind. We must practice good faith efforts, pursue community input for land use planning and economic development for the future of Cornwall and COH.


posted by j h on 09/22/10 at 10:21 AM

Here is the public comment session. On ArgenioArgenio at youtube.com

http://www.youtube.com/watch?v=qwkU8L6mO1M


posted by Andrew Argenio on 09/22/10 at 6:06 PM

more meeting stuff summer playground
http://www.youtube.com/watch?v=tBpNsDhYTbQ
and fireworks between mayor Gross and Mr Edsall

http://www.youtube.com/watch?v=CBFpzNZHMnI


posted by Andrew Argenio on 09/22/10 at 6:23 PM

A little more info for those who werent there for the Walkability study. Watch Kane interrupt the mayor again. this is the meeting and the worksession a week before.
http://www.youtube.com/watch?v=wYR7jxMGg8I and ArgenioAndrew on youtube


posted by Andrew Argenio on 09/24/10 at 1:40 PM

Adrew Argenio: As you had posted on this site and also the heading on your youtube link "fireworks between mayor Gross and Mr. Edsall", I am quite lost as to what you are getting at.
WHERE was the fireworks? I did observe Trustee Edsall correct Mayor Gross on several misstatements that the mayor had made as well as Mr. Edsall publicly stating that he protected the Village from the mayors failed attempt at installing a sign on private property. So, Andrew if your going to post something about fireworks, why don't you get your information and perception correct or film the annual 4th of July festivities at Ring's Pond and post that.


posted by Sean Kelly on 09/24/10 at 5:09 PM

Thanks Sean but there were a lot of people who could not make the meeting and I felt that they should see for them selves.First of all the elementary school is publicly owned. Secondly the sign was placed in approximately (within inches) in the same spot. Thirdly, What is with the snarky comments? do you think it is bad that people see and make there own decisions? "Correct perception" is a matter of perspective. I would like people to see what is going on and have an informed opinion.


posted by Andrew Argenio on 09/24/10 at 8:59 PM

Snarky?? hardly "short tempered", but I do agree that the public be able to see and make their own informed decision. To categorize something as "fireworks" leads the reader to believe or assume that an irate or heated discussion had ensued, which it had not. Yes the school district property is publicly owned, but also governed by elected officials (School Board) who are entrusted by the taxpayers and voters to ensure that the "publicly owned" elementary school as well as all school district property is kept from being placed in a liable situation. As far as the sign being placed "within inches" of the same spot, I have no knowledge of that and would only assume that you received this information from the mayor or you were personally there. If you are concerned about the people that can not make the meetings, then why is it that only portions of the meetings are being posted? Why not video tape the entire meeting (well I'm sure you do), why not post the entire meeting instead of what you percieve to be "of public interest"


posted by Sean Kelly on 09/24/10 at 11:06 PM

You can only post short clips on youtube ArgenioAndrew. I also realise that you havent adressed the issues like ; over 20k being spent on lawyers or 250K being put into the general fund when it should have been spent on the building. I see that you would rather focus on my lables or a sign and fog the issue. Its Like talking to Mark Edsall when i ask about well thought out planning and he replies with DEC minutia and snarky comments about crystal balls. Are you mark Edsall?


posted by Andrew Argenio on 09/25/10 at 10:05 AM

Andrew: No I am not Mark Edsall, read below my post and you will see where my name is posted... Sean Kelly. Also, I haven't addressed ANY issues. I have mearly commented on posts that are on a discussion forum. I reside 650 miles away and for me to "address issues" I would need to be part of the elected body of the Village Board. If I am not mistaken that is who is responsible to address issues, the persons that have been empowered by the people (voters) to represent their best interest, not you, myself, or anyone else on a discussion forum. Andrew if you are truly that concerned and informed of the issues, then perhaps you should try running for trustee again.


posted by Sean Kelly on 09/25/10 at 4:57 PM

What about the rights of taxpayers? Do you really think we should shut up and take it untill the next election? I did not know that this had become a national story.Or do you have a personal intrest in this story? I am happy to discuss local issues with you but I would prefer that you refrain from the lecturing or snippy comments. I disagree with Pat Welch but i have had manny a respectfull conversation with neither of us lecturing each other.Disagree with out being disagreeable. I would further note that you seem to prefer to talk about me when im not the story the story is overspending ,Bad planning nd mabe $250,000 in misapreopreations.


posted by Andrew Argenio on 09/25/10 at 7:02 PM

Andrew: The rights of the taxpayers should always be the #1 priority. I had to re-read my prior posts because I have been known to ramble on a bit, but no where did I say, state or quote for anyone to shut up and take it until the next election. Secondly where do I lecture or talk about you? Snippy comments? Please, let's be realistic ok? And what type of personal interest would I have in any of this?? As far as this being a national story, far from it I'm afraid. I am a former resident and employee of the Village, so I like to keep up with current events. Finally a misappropriation of funds would infer that the monies had been spent on non approved items, I have not seen anything suppporting this theory as of yet. In closing I too am always open for a good discussion, as long as it is factually based and not spoon fed misinformation; not claiming that the aforementioned refers to you or your comments.


posted by Sean Kelly on 09/25/10 at 9:26 PM

Sean you spoke about me and made a big deal about my tags for the videos. You lectured that I should video the 4th of july and post that. You said my perception was incorrect my perception is not in question that is why there is video so every person can see. If there is a resolution to take the 250K and offset the cost of the building lowering the debt and it went into the general fund, and spent, that money would be mis-approprated. Aren't you glad that you got to see it for yourself? You critisize as how I do a service for other people. I volunteer my time, as I do on the planning board and the riverfront committee. its easy to throw stones and hard to do work.


posted by Andrew Argenio on 09/26/10 at 7:59 AM

Andrew I hardly made a big deal about your tags. I merely posted that the heading about the fireworks was misleading in my opinion. Doesn't mean that my opinion is correct, but it is my opinion. As far as your perception, well that falls back to my last statement too "Fireworks between Mayor and Mr. Edsall" Andrew let's be honest do you really consider that a heated discussion or irate situation? If so, than again goes back to ones perception. As far as the services that you do for the Village, I never critisized how you do a service for others. I stated "If you are concerned about the people that can not make the meetings, then why is it that only portions of the meetings are being posted? Why not video tape the entire meeting (well I'm sure you do), why not post the entire meeting instead of what you percieve to be "of public interest"", again Andrew no form of malice nor did I even intend to insult you (been known to do that on occasion too). I commend your actions as a citizen and your volunteering for the community, but I believe if your going to post video clips and statements then it should be even keeled and not just what one considers to be news worthy. I am sure that there are others residents able and willing to post just what they percieve to be worth while and will contradict your views. And as far as your statement of my personal interest in the story, can you please clairfy or explain your intention?


posted by Sean Kelly on 09/26/10 at 9:27 AM

Also after reviewing the minutes on the Village website, I draw your attention to Archive VB 050707, to which the following should clarify that there was NO MISAPPROPRIATION OF FUNDS: Section 1. The Village is hereby authorized to acquire a Department of Public Works garage
facility at 50 Shore Road, Cornwall-on-Hudson, New York. The estimated maximum cost of said specific
object or purpose, including preliminary costs, cost of maps, plans, surveys, estimates, advertisements, legal
documents and costs incidental hereto and the financing thereof, is $940,000.00 and the said amount is hereby
appropriated therefor. The plan of financing is the issuance of $940,000.00 serial bonds to finance said
appropriation and the levy of a tax on all the taxable real property within the Village to pay the principal of said
bonds and interest thereon as the same shall become due and payable, and net proceeds received from the sale
of the DPW Hudson Street facility (approximately $300,000.), in the discretion of the Board of trustees, may
be expended towards the cost thereof or redemption of the bonds issued therefor or be budgeted as an offset to
the taxes to pay the principal of or interest on said funds.

Clearly, there was no misappropriation. The Village Board utilized their discretion as it was also identified in the resolution.


posted by Sean Kelly on 09/26/10 at 10:48 AM

You live hundreds of miles away and looked up the minutes from 07? I answered the question of why not post all I have.Youtube ArgenioAndrew channel doesn't let you postr a 3 hour clip and if you looked at it you would know they limit the time. What I did do is put up all of an agenda item , no editing. If it was the Mayor's advisory committee I posted all of that. Any way I just enjoyed a great hike with my 6 year old up storm king and I am going to take it easy this afternoon. Wow we paid $940,000 for a building that is un occupiable. It doesnt have the fire safety or handycapped access that is required by law that is a lot of wasted money. I think we should come up with a good comprehensive plan to solve this problem. In the city of Newburgh courthouse, the state comptrollers office had several recomendations for every municipality.1 have a good plan. (not a peicemeal plan) 2 have the money beforehand 3 Have good followthrough and reporting. I think we should take there recomendations. We know that the Newburgh project was a pathetic failure. I would rather learn from others mistakes rather than make them again. I say again because the origanal DPW was a failure to Plann,To Fund and to Follow through.


posted by Andrew Argenio on 09/26/10 at 2:28 PM

Hmmmm mabe I should get the tape of Mark Edsall and Doug Vatter screaming that there is nothing wrong with the building and post that.


posted by Andrew Argenio on 09/26/10 at 2:30 PM

Village to pay the principal of said
bonds and interest thereon as the same shall become due and payable, and net proceeds received from the sale
of the DPW Hudson Street facility (approximately $300,000.), in the discretion of the Board of trustees, may
be expended towards the cost thereof or redemption of the bonds issued therefor or be budgeted as an offset to
the taxes to pay the principal of or interest on said funds. I dont think this is an ok to spend it in the general fund it is to pay down the debt on the project. That is how I see it and it will be up to the lawyers next.


posted by Andrew Argenio on 09/26/10 at 2:43 PM

Yes I live hundreds of miles away and looked up the minutes from 05 not 07. Not a hard task to accomplish with the internet. I was not questioning your limited video footage, I was re-quoting what I had posted before, so no need to explain what was already clarified. If you have tapes of Trustees Edsall and Vatter "screaming" that there is nothing wrong with the building, I would by all means like to see it. Also your last sentence of your last post "That is how I see it and it will be up to the lawyers next." Is there some information that is being with held from the public? I have not heard or read anything about this, or are you reciting priveleged information? Again, please address your comments about my alleged personal interest.



posted by Sean Kelly on 09/26/10 at 3:53 PM

Sean they all agreed to have lawyers look in to this. I will look it up and poast it.


posted by Andrew Argenio on 09/26/10 at 4:09 PM

I asked if you have personal interest.


posted by Andrew Argenio on 09/26/10 at 4:12 PM

Here is the work session and meeting regarding the DPW. I found the part where Barbra Gosda states we have no money for this. There was no reaction and seems to be no plan.

http://www.youtube.com/watch?v=y71C5l_vM2M


posted by Andrew Argenio on 09/26/10 at 5:07 PM

I viewed the posted clip, but did not see anywhere in it's content other than the mayors continued utterances of saying "DPW litigation". There was no action taken in this clip of having an attorney review or give advice on the alleged misappropriation of monies. I also noticed that Mayor Gross provided 4 quotes or proposals for lawyers to Board Members just prior to asking for discussion on the same. Maybe I am missing something in the clip, but again I just don't see anything about this alleged misappropriation on monies. Hopefully I can come up to NY in the near future and witness some of the actions first hand.


posted by Sean Kelly on 09/26/10 at 8:05 PM

Andrew: were you able to find the clip you have where trustees are "screaming" that there is nothing wrong with the DPW building?


posted by Sean Kelly on 09/26/10 at 8:07 PM

I have to foil the audio tape Ill do it tomarrow.


posted by Andrew Argenio on 09/26/10 at 8:30 PM

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