2005-12-14 - Laserfiche WebLink

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Regular Meeting of the Mayor and Village Board of Trustees was held on Wednesday, December 14, 2005 in the American Legion Hall, 7 Spring Street, Wappingers Falls, NY 12590 Meeting called to order 7:18 P:M2 PLEDGE OF ALLEGIANCE. Mayor Lawrence asked all to remain standing: He said on December 7th we went into' War 6n the bombing of Pearl Harbor. Men and women lost their lives. There are men and women who are serving abroad now. It is a sacrifice what they are doing and he would like to have a moment of prayer for them for the Holidays that they remain safe and come home soon. ROLL CALL: Mayor Lawrence, present; Tr. Weitlich (will be in at 8:00 P.M.); Tr. Marshall, present; Tr. Chase, present; Tr. Cerino, present; Tr. Visentin, present; Tr. Hilderbrand is ill. Clerk pointed out that a quorum has been formed. ACTION ON MINUTES: Regular Board Meeting November 9, 2005. Mayor Lawrence stated he has a couple of questions on this that he raised at that meeting and he would like to discuss it now. It was brought to his attention that Tr. Visentin talked to the Attorney General's Office. Tr. Visentin replied that he spoke with NYCOM. Mayor Lawrence stated they were supposed to get a letter stating that the contracts that they have in place now are invalid and he wants to see that letter. He voted no last time. He was hoping Atty. Vigliotti would be present. Tr. Visentin stated the Attorney General's opinion is available on line. Mayor again stated he wants to see it in writing. Tr. Visentin stated he also has in front of him, a long-term contract and you cannot encumber, this is almost black letter law. The present Board cannot encumber a future Board or bind a Board by their decisions and he cited a case, Devery versus Collier in 1903, says one Legislature cannot bind the hands or limit the power of subsequent Legislatures. If you establish, or this Board for example were to enter into a contractual agreement with any individual, that extends beyond the next election cycle, it's encumbering that future Board because there is a turnover in personnel and he would be bound to uphold that contract were it not for State Law which as he said is fairly well established. When he spoke with NYCOM, an attorney named John Galligan he said "those contracts that extend beyond the next election are not worth the paper they're written on." That's a quote. Mayor stated he has been talking to NYCOM also and they sent a letter Municipal Inquiry and Service which states what the Village Attorney can and can't do. It's almost like Home Rule. When we put these contracts in place, one was like ten years ago and a couple was five years ago. It's like having a new Board coming in and saying these people are out now. He asked the same question. Can we do this? At that time you said yes. Mr. Cerino stated there is a law 102 years old.