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Judge Finds in Favor of Butterfield Library in Article 78
Library Officials not celebrating yet, while Supervisor's Office not commenting
by Maria Theodore Leiter
Last week, Judge Andrew P. O'Rourke of the New York State Supreme Court decided in favor of the Julia L. Butterfield Memorial Library in the matter of the Article 78 it filed against the Town of Philipstown. The Library was seeking to compel the Town to pay the $276,000 voted for by voters in last November's referendum.
"We are not making plans yet," said Library Director Gillian Thorpe. "They have a certain amount of time to appeal. We are sitting back to see what happens. We are encouraged by the Judge's decision to uphold the vote."
"I'm stunned," said Councilman Richard Shea, who at the last Town Board meeting said he would abide by what the Court's decided. However, Shea said that he hoped that the decision did not preclude the Library and the Town from coming to some understanding that would not alienate the rest of the 10,000 residents of Philipstown, many of whom he said are still sending him emails and calling him.
"People are not speaking up at town board meetings because no one wants to be viewed as anti-library, which they are not, which I am not," said Shea.
Supervisor William Mazzuca's office would not comment on the decision and it is unknown if the Town will appeal the decision. The Town Clerk's office was also advised not to comment on the matter last week.
In a five page decision, Judge O'Rourke outlined the arguments made by both sides and then said the following:
"After a review of all documents presented the Court finds the electorate was given published notice of the Library's proposition and the voters expressed their wishes by passing the proposition.
"Because of the [Election] Board's error, which was timely corrected, the voters of Philipstown should not be disenfranchised.
"The respondents delay in promptly challenging said vote will not be condoned. Nor will the Board's attempt to disregard the wishes of the electorate by passing a budget which is not in accord with the voice of the electorate."
In their argument to the court, the Library's attorneys alleged that the 93 signatures submitted by those opposed to the proposal had no value because, as the referendum passed by 113 votes, those votes would have made no difference in the outcome.
In an interview on Monday, one of the signers of that petition, Donna Anderson, said that she was upset by the decision. "I don't think it's fair." Anderson voted in November's election, but said she did not pull the lever for the library referendum. "In Garrison, we have the Desmond Fish Library, so why would we give money to Cold Spring? I did not think it pertained to me. But it does as far as the taxes are concerned. I am a senior in Putnam County. I can't afford to stay here if my taxes keep going up." Anderson carried the petition to seniors. Anderson agreed to carry the petition to other seniors. "Quite a few senior citizens signed it also because they didn't understand it either. Hopefully the town will appeal and they can bring it before the voters again and they can get a true vote next time."
The Board of Elections also submitted an affidavit verifying that they failed to include the referendum in the October 25 and October 26 newspaper publications, but published corrected notices on November 1 in the PCN&R and on November 2 in the Putnam County Press and the Putnam County Courier.
The Library's Board met at their regular monthly meeting on Wednesday, but they still did not adopt their budget, said Thorpe. They are waiting to make certain that they actually get the money. She said that she heard that Town Board members stated at the last board meeting that they would abide by the Court's decision. She said she hoped that they meant that.
Cold Spring resident Ray Fitzgerald, who wrote a letter to the editor in this paper in favor of the Library said, "I'm thrilled. I'm very happy [the judge] made the decision. I think it is the right decision. I think the library is invaluable to this community."
Library President Judith Meyer did not return a phone call in time for publication.
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