Village agrees to pay legal bill owed to Van Tuyl

MILLERTON — Last year the Village Board received a large legal bill from an attorney hired to work for the Planning Board. The Village Board said it did not owe the roughly $4,000 it was charged. It recently, however, decided to pay a portion of that bill.

The attorney, Jennifer Van Tuyl, of Cuddy & Feder LLP, submitted the bill after she was hired to help with the now stagnant environmental review process for the affordable housing project known as Millerton Overlook. She said that because she advised then Mayor Michael Cawley on how to deal with the replacement of the Planning Board’s chairman, as well as talked about updating the village’s zoning procedures, she was due compensation. The end result was a large legal bill that was separate from that which was due from the Planning Board (which came out of Millerton Overlook’s escrow fund).

When the bill was first submitted to the Village Board, the trustees said they knew nothing about the situation, and that all communication was between Van Tuyl and the former mayor. Cawley said he had the authority to authorize the attorney’s services, and to pay the fee, as long as it didn’t exceed $5,000. At the time, he did emphasize the bills were returned to Van Tuyl’s law firm and no payments were made until the matter could be looked into.

Fast forward to the most recent Village Board meeting less than three weeks ago, where the issue was once again discussed.

“The Village Board agreed that we don’t think village taxpayers are liable for the bill,� Mayor John Scutieri said. “Village Attorney Michele Haab has read it and agreed also we’re not liable.�

“In one of her letters she was trying to say even if we can’t get the money out of escrow account, we should still pay it,� Haab said. “I was generous to her, and the agreement is that for the site plan and SEQRA [State Environmental Quality Review Act] review we will pay, but her mistake was that she should have come to the Village Board and said, ‘This is what needs to be done.’�

Former Planning Board Chairwoman Cathy Fenn said that as far as Van Tuyl’s work for the Planning Board goes, she should be compensated.

“You can’t fault the attorney for questions the Planning Board asked regarding site plan,� Fenn said.

But Village Board members said the attorney confused the matter and charged the Village Board for work she initiated when she knew she was only supposed to work on behalf of the Planning Board.

“The whole thing was terrible, that she got herself caught up in the loop of it is her problem,� said Trustee Anne Veteran.

“I say we get this settled as quickly as possible,� suggested Trustee Yosh Schulman.

“As long as money is in the budget, the Planning Board is able to spend its own money,� Haab said. “She signed an agreement with the Planning Board that she was only going to do site plan review and SEQRA, so anything to do with that you have to pay. I think you owe $916.16.�

Scutieri moved to accept Haab’s recommendation, and the letter that went with it, which will be sent it to Van Tuyl.

“I think we do what Michele says and we accept responsibility for what we owe,� he said.

The board unanimously agreed.

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