Straightening Out the Legal Bill, Once And for All


MILLERTON — The mayor has the right to pull money from the village budget to pay for village expenses. That’s the bottom line, according to Millerton Mayor Michael Cawley, and that’s exactly what he wants to do to pay a $4,274 legal bill.

"My understanding is that the budget is the mayor’s budget," Cawley said. "The mayor prepares the budget and so since it was the mayor’s budget, the mayor ran the village with the budget. The approval came when the village [board] passed the budget."

According to Cawley, there are times when certain items require the board of trustees to give its consent, for example when items go out to bid, but it’s his discretion to use the fiscal plan to the village’s advantage.

"I don’t see how it would work if it weren’t like that," he said, noting that the head of the highway department uses his budget to order his own materials, just as the police chief does with his budget.

"They do all the things to make the village run," Cawley said. "The ability to make the department head do that, [is important]. Nothing is in there that is not for the good of the village."

The mayor has asked Village Attorney Kevin Thiemann to look into the matter. According to Thiemann, the mayor is right, by-and-large.

"There are no restrictions that are placed on his ability to enter into contracts or to authorize work that has been established by the board of trustees," the attorney explained. "And there is no restriction placed on how much the mayor can spend that we could find on village laws. The mayor proposes the village budget and the board approves it. There is nothing that restricts the mayor on how much he could spend without asking board approval."

The confusion about who should pay for what, and why, stems from a legal bill from Planning Board attorney Jennifer Van Tuyl, of Cuddy & Feder LLP. She has been working with the Planning Board as it reviewed the Millerton Overlook affordable housing project. During that time, Cawley said, she noticed that the village was susceptible to lawsuits from those for and those against the proposed housing complex. She approached him and asked if he would like to see more uniformity in the Planning Board’s and the Zoning Board of Appeals decision process. Cawley agreed.

"The zoning was not what it should be," he said. "Planning and zoning could lead to some problems [it appeared]. A uniform approach might be advantageous to us."

Cawley said what’s ironic is that the Village Board became so focused on the bill that it overlooked accepting the list Van Tuyl made to ensure the planning and zoning boards’ procedures match up, and hence protect against any lawsuits.

He said that having Van Tuyl’s advice made sense and that she deserves to be paid for her services. The mayor noted that not all of the $4,272 was charged to the clarification of procedures between the village planning and zoning boards. Much of that bill came from other legal services provided by Van Tuyl from April to August of 2006. Van Tuyl earns $195 per hour.

In a letter from Van Tuyl addressed to Cawley and the Village Board, the attorney noted that only 1.3 hours of her time involved her "forwarding a suggestion to the Village Board suggesting that the board consider whether the village code section on special permit standards should be amended."

Van Tuyl was very clear that neither the mayor, nor anyone else, sought her services in this instance.

"No one in the village solicited this recommendation from me, or in any way requested that I make it," she noted. "Upon reflection, I thought it appropriate that the legislative body [the Village Board] be advised of the possibility of amending the village code to adopt the clearer standards."

Van Tuyl explained that she sent the Village Board examples of other municipal codes with similar standards and suggested the board discuss the idea with its attorney. She talked about the same suggested standards with the Planning Board.

"Although this work was not specifically requested by the mayor or the Village Board, the recommendation arose out of my work on behalf of the Planning Board, and I concluded that the board’s consideration of a possible amendment would be for the benefit of the village and the entire decision making process, whatever decision the Village Board ultimately reached," she stated.

The charge for her 1.3 hours of work came to $253.50. Everything else from the $4,274 bill "reflects work done on behalf of the Planning Board," according to Van Tuyl.

"Sensation-wise to jump up and down and make all the noise sounds grandiose, but when you take the time to break it down and see what it is, there’s not a lot of ambiguity in it," Cawley said. "It’s pretty clear-cut."

Latest News

Fresh perspectives in Norfolk Library film series

Diego Ongaro

Photo submitted

Parisian filmmaker Diego Ongaro, who has been living in Norfolk for the past 20 years, has composed a collection of films for viewing based on his unique taste.

The series, titled “Visions of Europe,” began over the winter at the Norfolk Library with a focus on under-the-radar contemporary films with unique voices, highlighting the creative richness and vitality of the European film landscape.

Keep ReadingShow less
New ground to cover and plenty of groundcover

Young native pachysandra from Lindera Nursery shows a variety of color and delicate flowers.

Dee Salomon

It is still too early to sow seeds outside, except for peas, both the edible and floral kind. I have transplanted a few shrubs and a dogwood tree that was root pruned in the fall. I have also moved a few hellebores that seeded in the near woods back into their garden beds near the house; they seem not to mind the few frosty mornings we have recently had. In years past I would have been cleaning up the plant beds but I now know better and will wait at least six weeks more. I have instead found the most perfect time-consuming activity for early spring: teasing out Vinca minor, also known as periwinkle and myrtle, from the ground in places it was never meant to be.

Planting the stuff in the first place is my biggest ever garden regret. It was recommended to me as a groundcover that would hold together a hillside, bare after a removal of invasive plants save for a dozen or so trees. And here we are, twelve years later; there is vinca everywhere. It blankets the hillside and has crept over the top into the woods. It has made its way left and right. I am convinced that vinca is the plastic of the plant world. The stuff won’t die. (The name Vinca comes from the Latin ‘vincire’ which means ‘to bind or fetter.’) Last year I pulled a bunch and left it strewn on the roof of the root cellar for 6 months and the leaves were still green.

Keep ReadingShow less
Matza Lasagne by 'The Cook and the Rabbi'

Culinary craftsmanship intersects with spiritual insights in the wonderfully collaborative book, “The Cook and the Rabbi.” On April 14 at Oblong Books in Rhinebeck (6422 Montgomery Street), the cook, Susan Simon, and the rabbi, Zoe B. Zak, will lead a conversation about food, tradition, holidays, resilience and what to cook this Passover.

Passover, marked by the traditional seder meal, holds profound significance within Jewish culture and for many carries extra meaning this year at a time of great conflict. The word seder, meaning “order” in Hebrew, unfolds in a 15-step progression intertwining prayers, blessings, stories, and songs that narrate the ancient saga of the liberation of the Israelites from slavery. It’s a narrative that has endured for over two millennia, evolving with time yet retaining its essence, a theme echoed beautifully in “The Cook and the Rabbi.”

Keep ReadingShow less
Housy baseball drops 3-2 to Northwestern

Freshman pitcher Wyatt Bayer threw three strikeouts when HVRHS played Northwestern April 9.

Riley Klein

WINSTED — A back-and-forth baseball game between Housatonic Valley Regional High School and Northwestern Regional High School ended 3-2 in favor of Northwestern on Tuesday, April 9.

The Highlanders played a disciplined defensive game and kept errors to a minimum. Wyatt Bayer pitched a strong six innings for HVRHS, but the Mountaineers fell behind late and were unable to come back in the seventh.

Keep ReadingShow less