Tension Simmers As Board Forges Ahead

2008-01-18 / Front Page

By Stephanie Mariel Petrellese

By Stephanie Mariel Petrellese

The Garden City Board of Trustees began the new year on a calmer note as they attempted to work together to deal with Village business at their January 10th meeting.

At the last meeting, several trustees became visibly annoyed with fellow trustee Thomas Lamberti as he expressed his displeasure on how several issues were handled. Lamberti acknowledged after the meeting that some people take umbrage to his personal "cut to the chase, irritating but not unreasonable" style, but added that some trustees demonstrate a sense of arrogance by their reluctance to discuss matters in public.

However, at last Thursday's meeting, patience and restraint prevailed. Flanked on the dais by Deputy Mayors John Mauk and Thomas Lamberti, two of the primary sources of friction, Garden City Mayor Peter Bee quickly worked to extinguish any fires that at times appeared to be rekindling. For example, tension began rising when Lamberti once again raised the issue of how a lease agreement between the Village and Town of Hempstead Sanitary District No. 6 for the Cherry Valley Parking Field was handled.

The lease was set to expire on Dec. 22 but the Board voted at the last meeting to authorize the mayor to enter into a new one-year agreement, which mirrored the previous leases that date back to 1966, with four changes/additions: a stronger indemnification clause, an increase in the tenant's insurance requirements, an addition of a real estate tax clause and removal of a provision which stipulated the need for the tenant to make landscaping and lighting improvements.

Lamberti provided the lone dissenting vote. He complained that trustees were given inadequate time to properly review the materials since they received them the night before the Board meeting.

Lamberti now wants the Board to review the agreement in its entirety and ratify its execution. He said the mayor rejected his request to place it on the Jan. 10th agenda. Therefore, he made an official motion to have the item placed on the agenda for the next meeting, scheduled for Feb. 7th.

He said by voting without seeing an actual agreement, the Board's action was invalid and "violated good government procedures." "Not a single member of this Board has ever looked at the agreement, other than the Mayor," he said. "How does a Board act this way? How are we responsible to you?...How is that good governance?...It is bad governance. It is flawed."

Deputy Mayor John Mauk, who was acting mayor at the Dec. 20th meeting when the vote took place, responded to Lamberti's comments. He facetiously asked if it is possible that all of the trustees and staff are always wrong, and Lamberti is always right.

"That's what he frequently tells us," said Mauk. "And that is what he has told us once again with respect to this item."

Mauk acknowledged that the matter might have been "handled a little differently," but said Village Administrator Robert Schoelle and Village Counsel Gerard Fishberg had explained that a resolution came at the last minute days before the agreement was set to expire.

"I think the Board took the very appropriate action," he said. "I reject and I resent Trustee Lamberti constantly telling us that we're deficient and somehow we don't look after the public interest, and we're trying to push things through here, and he's the only one who's really looking out for the public interest. And I say that is absolutely not correct."

Mauk said that even though there are four attorneys on the Board, it is village counsel who is responsible for reviewing contracts and legal documents thoroughly to ensure the Village's best interest is being considered. He said there were going to be no changes in the material terms of the agreement.

"Trustee Lamberti has said that it is his objective to remove counsel," said Mauk. "Trustee Lamberti needs to be very clear when he starts talking about what he calls the truths, and what he calls the facts, and what he calls his view of representing the public, that these are what I would call 'Tom's truths.' They're not the full truths."

As Mauk's comments appeared to be veering off the initial topic, Mayor Bee intervened by trying to inject a bit of humor. He said his daughter selected his tie, which had an imprint of Zorro. "I was told to come in and expect swordplay tonight, but I rather keep, at least for the first meeting of the year, some modicum of decorum," he said.

However, the two trustees verbally wrangled once again a few minutes later when the subject turned to St. Paul's. Mauk, who serves as chairman of the Mayor's Committee on St. Paul's, announced that a memorandum of understanding between the Village and developer AvalonBay is expected soon. The document, which will not be legally binding, will set forth the goals for both sides.

As he did at the last meeting, Lamberti said he was unhappy with the Village Facts, a newsletter mailed to residents in December which provides an update on the St. Paul's issue. His main argument was with the copy on page 5, which reads, "As stated in the RFP, the primary objectives for any redevelopment are to (a) return the Main Building to productive use, (b) restore its historic exterior and other distinguishing features to the extent possible, and (c) provide for its long-term maintenance at minimal or no cost to Village taxpayers." Lamberti argued that the original RFP drafted 18 months ago says "no cost to Village taxpayers" and does not say "minimal."

Prefacing his remarks by acknowledging the all of the details have not been determined yet, Lamberti went on to provide some information on the deal based on the plan available to the public at the Garden City Public Library. He said the Village will be giving the developer seven acres of land at no cost and will pay $500,000 for 12,500 square feet of public space. AvalonBay will make payments to the Village in lieu of taxes for 35 years, which he estimated will total $14 million. If taxes were collected, however, he estimated that the total would be approx. one million dollars a year, for a total of $35 million.

He said everyone must fully understand what is transpiring so an informed decision can be made. "It's what I have said from the beginning: get all of the facts...The devil is always in the details."

Mauk responded that many changes have been made to the proposal since it became available to the public in the library. He said the Mayor's Committee on St. Paul's wants to keep taxpayer cost down. Mauk admitted that AvalonBay is likely to see a reduction in taxes, but said it is the only option other than tearing down the building.

Mauk came close to admitting that an error was made in the wording in the Village Facts. "We all make mistakes," he said. "That's the nature of government. We are not infallible up here. And the one thing that I know from being in this is that there are no moral absolutes to what we're doing."

Mauk accused Lamberti of trying to slow the process. "I'm concerned that we're slipping," Mauk said. "I'm concerned by what I see as constant attacks on staff, on counsel, on the trustees, on all of us, none of whom seem to be able to measure up to Trustee Lamberti's standards...It's contrary, I think, to the spirit of the Community Agreement, where we all want to work together to solve problems...and to move forward."

Return to top