Payment To St. Paul's Counsel Approved
By Stephanie Mariel Petrellese

The Garden City Board of Trustees approved the payment of $39,966.33 to Barry C. Ross, Esq. of Bryan Cave, LLP, who was primarily responsible for drafting the Memo of Understanding between the Village and AvalonBay, at their May 1st meeting.

The vote was 6 to 1. Trustee Donald Brudie voted against issuing the payment since he had voted against hiring the firm at the October 4th meeting. Trustee Gerard Lundquist was absent.

Lamberti, who chairs the Mayor's Committee on St. Paul's, said he does not foresee any reason to engage the attorney again until the Village decides how to proceed. "The only legal services that I look forward to having is an opinion of Cullen & Dykman as to the power of the Village to enter into this agreement, if there is to be an agreement entered into," he said.

Deputy Mayor John Mauk, who was the previous chair of the Mayor's Committee, said the firm provided a number of services besides the preparation of the Memo of Understanding, including participation in Industrial Development Association grants and hearings. According to Mauk, Lamberti supported the retention of the firm until he learned during the interview process that they had a relationship with AvalonBay.

The firm of Bryan Cave was initially hired due to its expertise in negotiating construction agreements, which the Mayor's Committee believed may be needed if it is eventually decided that the Village should take the next step with the developer.

Some trustees were against hiring the firm because it was involved in a ground lease transaction between AvalonBay and the Cathedral of St. John the Divine. The firm represented the cathedral.

At their October 4th meeting, the Board voted 5 to 3 to retain Ross to handle real estate matters concerning St. Paul's. Ross had requested a waiver of actual or potential conflicts of interest arising out of the representation of the Village in transactions with AvalonBay.

Trustee Brudie argued that the Village should not "walk an ethical tightrope" by hiring a firm that has worked with Avalon. Mauk said he viewed it as an asset that the firm has negotiated contracts against AvalonBay since they already have an understanding of the developer. Trustees Brudie, Watras and Lamberti voted against the retainer.

Excluding the $39,966.33 fee to Bryan Cave, the Village has spent a total of $622,993.61 for St. Paul's maintenance ($95,475.48) and studies ($527,518.13).

In other St. Paul's news, Lamberti said his committee is still working weekly in the hope of having a presentation ready for the public in June.

Garden City resident Cathy Wood expressed her concern with an AvalonBay advertisement that has run recently in the Garden City News and reads, in part, that they are "proud to be part of Garden City."

"I think it is very presumptive of them to run an ad indicating to the community that there is something in fact going on between our Village and AvalonBay," she said.

Mayor Bee noted Wood's concern, and recognized that they are not currently a part of the Village, although they may be actively seeking to become more involved in the future.