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Mid Hudson Times, Wednesday, March 9, 2016
Contractor ejected from New Windsor meeting
Continued from page 1
three minutes at the start of regular board meetings in
addition to being able to comment at the end of meetings,
by when the board had already voted on any number of
resolutions.
Yet, at the town board meeting held at New Windsor
Town Hall on March 2, this rule appeared to be suspended for Pastor.
“Anybody have any comments on the agenda as it
exists?” town Supervisor
George Green asked a
thin audience attending
the meeting. Pastor raised
his hand to begin speaking. “Not you John,” Green
quickly said. “I do,” Pastor
insisted, standing up.
“Yeah, well, you don’t,”
Green replied. “Sit down.”
Pastor again tried to
speak, but was cut off by
Green. “You’re not even a
town resident,” Green told
MICHAEL BLYTHE
him. “We’re not entertainTOWN ATTORNEY
ing you. Sit down.”
“I have a contract with
the town…” Pastor said, but was again cut off. “Sit down
John, or I will have you removed,” Green threatened,
but Pastor continued, stating, “You know that your town
attorney has been avoiding my attorney for a month
now…”
Green then turned to town Police Chief Richard Hovey
and said, “Show Mr. Pastor the door.” The police chief
escorted Pastor out of the room.
“I wanted to make sure the entire board knew we were
not in breach of contract,” Pastor said, following the
meeting last week. “I wanted to make sure they were
informed before they voted on the motion.”
Pastor and the company are threatening to sue the
town over the demolition project, which he claims stalled
because the town did not inform him or the company
about the presence of asbestos at the site.
Pastor and the company have filed two mechanic’s
liens. The company, Pastor and his son – both claim to
have been exposed to asbestos – have filed three notices
of claim.
The liens and claims do not equate to a lawsuit,
explained town Attorney Michael Blythe, and no lawsuit
has been filed at this point. “When you have a notice of
“The supervisor
is in charge of
keeping order
at the meeting.
He makes that
judgement call.”
claim, you have notice there may be a lawsuit,” said the
attorney. “The town’s position is, once we receive a notice
of claim, because litigation is possible, the town declines
to discuss it.”
Blythe said the meeting was “not an appropriate
forum” to discuss the project, adding, “The supervisor is
in charge of keeping order at the meeting. He makes that
judgement call.”
However, Blythe said, there is no law that prevents a
non-resident from speaking at a town board meeting.
Green did not return phone calls in time for comment
Tuesday.
Under New York State’s Open Meetings Law, “Every
meeting of a public body shall be open to the general
public,” said Robert Freeman, executive director of the
Committee on Open Government at the State Department
of State.
“Because the law says anyone can attend, our advice
is that a person need not identify him or herself as a
condition prescient to attending a meeting or engaging in
the same privilege to speak as residents,” Freeman said.
For instance, he said, “There are lots of people who
don’t reside in communities who have business in those
communities.”
Freeman’s opinion is that all people attending town
board meetings be treated equally. “If the board does
have a rule or policy that authorizes members of the public to speak during meetings, the same privilege should
have been accorded to (Pastor),” he said. “The supervisor,
would not, in my opinion, unilaterally have the ability to
exclude anyone from commenting.”
Freeman, an attorney specializing on matters of open
government since the 1970s, said the supervisor’s treatment of Pastor appeared to be “discourteous and disrespectful,” at the very least.
“Our suggestion is that the board establish reasonable
rules that treat members of the public equally,” Freeman
said. “They can’t say, ‘We like you Tom, but Bob, you’re a
pain in the neck, so we’ll let you speak for one minute or
maybe not at all.’”
Like many municipalities, the town board conducts its
meetings based on Robert’s Rules of Order, a rule guide
for deliberative assemblies. Revised many times over, the
book was first published in 1876.
Pastor said the company is still willing to negotiate
with the town. Pastor, his son and the company have one
year from the date of the notice of claims to file a lawsuit,
the contractor said.
‘World’s Oldest Barber’ turns 105
Continued from page 2
area then,” the younger Mancinelli said.
Despite his advanced age, his father takes “no pills and
no medication,” his son said. “He loves what he’s doing.
That’s what keeps him going.”
At the party, a resolution from the New York State
Assembly was read by Laurie Tautel, chief of staff
for Assemblyman James Skoufis, commemorating
Mancinelli’s long and distinguished career. A proclamation from the Orange County Legislature named March
2 after the barber.
“It is hereby resolved that the Orange County
Legislature does hereby dedicate March 2 as ‘Anthony
Mancinelli Day,’” said county Legislator Chris Eachus,
reading from the proclamation. “Besides being a loyal
customer, I am a great admirer,” Eachus told Mancinelli.
The barber began working for Fantastic Cuts about
two years ago. “He works full-time, sometimes more,”
said salon owner Jane DiNezza. “He never complains.”
DiNezza described Mancinelli as “a blessing” to her
hair salon. “His work is phenomenal,” she said. “He
deserves this.”
Police Blotter
NEW WINDSOR POLICE
Sophia Coleman-Guillen, 31, of New Windsor, was charged
Feb. 20, with aggravated unlicensed operation 3rd and equipment violation. She was arraigned before Town Justice Richard
Thorpe and is due to return to town court on April 12.
Alexa Winner, 20, of Middletown, was charged Feb. 21, with
aggravated unlicensed operation 3, speeding in a posted zone,
and unregistered motor vehicle. She was arraigned before Town
Justice Noreen Calderin and is due in town court on April 28.
Yolanda Solis, 27, of Newburgh, was