SVB argues over mayoral residency

By Perry Howland

SODUS, June 8 – “After a storm comes a calm” wrote Mathew Henry, but for Sodus Village Board members their June meeting was an exact reversal. Carol Sergeant and John Cook spoke on behalf of the Sodus Library, informing trustees of the recent purchase of the Jenkins property at 19 Maple Avenue. Phase I plans include constructing a new entrance from Smith Street and adding eight to ten additional parking spaces behind the house. Focus groups are being formed to plan future phases, with a possible capital campaign or public referendum to raise needed funds being considered. Both Sergeant and Cook spoke glowingly of services, especially in-kind, that have been extended by village employees.
Chris Ohlert and Joe Spinelli of Waddell and Reed Inc. were invited to provide a proposal on investing village monies. As a general rule, stated Ohlert, “the safer your money is invested, the less money you will make.” He then reviewed investment options, like savings accounts, CD’s, money markets and limited duration bond funds. For the latter, there are over 700 available and through a process of elimination, Ohlert brought information on Ivy and Delaware up for consideration. After assessing market, interest rate and credit risks, he focused in on Ivy because there is no load/charge for investments over $250,000 and checks over $250 may be written on the account. He left trustees copies of the prospectus, noting the page number for fees and relaying that they are paid by the mutual fund company.
Al Hendrikse’s Code Enforcement report elicited a concern from a village resident over an apartment on the corner of Curtis and Sergeant. Mayor Kelley Allen acknowledged with Police Chief Bill Critchfield that police points have been issued and will ask Hendrikse to join with him and the resident to review the procedure.
Under new business trustees approved Brandon Hall as a new fireman, set 6:45 p.m. prior to the July 13 regular meeting as the time for a public hearing regarding Planning Board member Larry Mortimer and authorized Rochester Eye and Tissue Bank approval to sell raffle tickets and Mayor Allen to sign a Wayne County 911 agreement.
The tone of the meeting visibly changed as a statement to the effect that according to hired counsel, Mayor Allen is not a village resident was followed by a motion written by counsel Robert B. Koegel. The motion called for instituting a civil action on behalf of the village that Allen is ineligible to continue as mayor, is not a village resident and that Robert B. Koegel be retained to carry such action to completion. With that the floodgates of charge and countercharge opened, with Allen stating that his attorney has a different view of this and that he plans on “standing strong.” He also inquired if there was to be a specific dollar figure included and was told not at this time. Upon calling for a vote, Dennis Taber and Brenda Rowe voted for the motion, John Hopkins and John Miner against, and with Allen not voting, the tie vote in essence killed the motion. But not the tone and tenor of the meeting as trustees took turns explaining and justifying their stance. John Miner acknowledged talking with Koegel and expressed reluctance to spend public funds, having asked him for a dollar figure, which he was unwilling to give. Taber also was uncomfortable with spending funds but reiterated his stance taken at the March board meeting that you have to be a resident to hold a village position. John Hopkins relayed that several lawyers had told him that any village documents signed by Allen were legal, and that the village was still spending money regardless of the situation.
Speaking from the audience, former Mayor John Cook reminded trustees that, “you undertook this venture to see if Kelley Allen was a legal resident and could conduct village business. This needs to be pursued until you have a legal resolution or you have wasted your money.”
A copy of the oath of office signed by Kelley Allen on December 2, 2008 supplied to this writer states, “I, Kelley Allen, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of New York, and that I will faithfully discharge the duties of Mayor according to the best of my ability.” (Bold items in original) The NYS Constitution says that a person must be at least 18 and a resident of the municipality to hold public office. Off-line conversation with Deputy Mayor John Miner sought to clarify a statement he made in the meeting about the de facto doctrine, which in essence states Allen is functioning legally as mayor unless proven otherwise. Miner related that he was incorrect at the board meeting, as this doctrine would revert back to the March 9 village board meeting when the residency question was first raised. While still somewhat of a gray area, Miner was sure that this doctrine would allow any village action completed by Allen to be questioned legally from the March 9 meeting.
Miner further went on to state that as trustees, board members have to carefully manage tax monies, and while not judges or lawyers, have to be stewards of the law. Conflicted in his thinking as he knows Allen wants the best for the village, Miner nevertheless feels that Allen knew where he lived and was not going to ‘abandon’ his family and move to 29 West Main Street. Also questioned was the role and responsibility of the Wayne County Board of Elections, who Miner felt should have been the ultimate ‘gatekeeper’ when Allen filed to run for village office. Using the words “right” and “best” synonymously Miner wistfully noted that the “most painless way for the board to extract itself from the current situation is for Kelley Allen to resign, as the controversy is wholly of his own doing.”
The next regular meeting of the Sodus Village Board will take place in the Municipal Building on Tuesday, July 13 at 6:45 p.m. The early start is to hold a public hearing regarding the status of Planning Board member Larry Mortimer. The public is always invited and anyone wanting to address the board should call Clerk Corinne Mott at 483-9821 to get listed on the agenda.