The Pine Plains Free Library: Odd Fellows go on the record

Does the dilemma regarding the future of the Pine Plains Free Library building come down to the difference between the words “can’t” and “won’t?” That’s what Odd Fellow Past Noble Grand Mike O’Neill seems to believe. O’Neill said the town has the ability to buy the new library building with the Odd Fellows (the fraternal organization that donated the land on which that building was built upon in exchange for 1,000 square feet of space into perpetuity) remaining as tenants ­— despite Town Board statements to the contrary.“Article 7, Section 8 [of the state Constitution] spells out what we can’t do, and that’s pretty much what it says. It says you cannot use a building dedicated to private space maintained with public money,” explained town Councilman George Keeler. “It’s not our doing … We’re just following the law. It’s not a law but part of the state Constitution and also the opinion of the state comptroller and attorney general.”Semantics, and the threat of eviction“That’s permeated the community,” said O’Neill, “the idea they can’t buy it. Really you have to substitute the word ‘won’t.’ There’s really no reason for us to go. Why would we leave?”The Odd Fellows have stated their intentions to remain in place before and they’re doing so again, despite threats from The Bank of Millbrook that an eviction looms in their future. In fact, the Library Board of Trustees have arranged for the library to move from the spacious new building to the cramped former library building up the road to facilitate that eviction. Board President Jim Mara has gone on the record stating that with the library gone the bank will be able to do what it needs to do so that ultimately “the building will be clear for the town to buy it.”And that is exactly what negotiations have led to: a deal between the town and The Bank of Millbrook (which bought the 2009 building in early 2013 at a foreclosure sale) to purchase the library for $1 million. The town was given approval to do so through a public referendum, so long as the building remains a library.The planHere’s how the town and the bank plan for events to unfold: The library will return to its former abode (it was planning to do so in mid-February, but didn’t quite make that deadline). Librarian Marguerite Hill said last week there’s no definite moving date and the schedule is “day-by-day,” but assured the move will happen soon. Once moved, the building will be clear of all tenants (except the Odd Fellows). O’Neill pointed out there was nothing said about others who used the building forced out in anticipation of the sale.“Nobody got any bad publicity for chasing away all of the groups that were here,” he said. “The Red Cross, the Brownies, the seniors, Zumba — they were all pushed out for the intent of chasing out the Odd Fellows. Call it a sham. Legally I don’t believe you can empty a building, evict us, and then come back. This whole thing is absurd and serves nobody.”“And it’s a whole lot of expense,” added Odd Fellow Ed Casazza.That said, once the building is clear, the library, the town and the bank have stated the Odd Fellows will be served an eviction notice. With the Odd Fellows gone, the town plans to buy the building and then reinstall the library.“At this point the Odd Fellows either have to voluntarily leave or I have to evict them,” said bank President George T. Whalen III when previously asked about the matter. “There’s no indication they are going to voluntarily leave so we’re going the eviction route. I need to empty the building out in order to sell it.”The deedWhile that might make sense, the Odd Fellows contend if the town is they buyer, why not leave them right where they are? After all, they said, they are written into the deed. And while Whalen notes “there’s an easement within the deed that says if it’s no longer used as a library and community center, or for another public purpose, their tenancy ceases,” Odd Fellow Noble Grand Ken Meccariello said it’s important to read that section of the deed in totality. It follows below:“Excepting and reserving to the party of the first part of a tenancy in the building to be constructed on the premises by the party of the second part for no rent. The party of the first part shall use approximately 1,000 square feet on the second floor of the eastern end of the building for the purposes of its ordinary course of business. Said tenancy shall be in full force and effect for as long as the party of the first part is in existence and the said building is used as a community center and library or other public purposes.”Meccariello said Odd Fellows attorney David Rankin has told the organization that means they have standing. “We’re not a tenant; we’re part of the deed and it isn’t as easy as they’re telling people it is to get rid of us,” said the Noble Grand, adding the town and bank want the Odd Fellows to sign off on the deed, but the Odd Fellows have no plan on doing so. “That’s why we hired an attorney.”Compromise or court“The biggest thing for us is we’d like the community to realize the town can find a way to buy the building with us in it,” said Casazza.“It’s not an obstacle,” agreed Meccariello.But if the town cannot do so, O’Neill acknowledged, the issue may head to the courts.“This could have to be decided by a judge at a fairly high level, and we may have to be compensated,” he said.After all, during the last assessment the Odd Fellows’ building (which was torn down to allow for the new library building) and its half-acre lot — which was donated to the Foundation for the Pine Plains Community Center and Library to allow for the project — were valued at $220,000.The whole thing could be settled easily, said O’Neill, if only the town would allow the Odd Fellows to remain in their 1,000 square feet of space (it’s actually 800 square feet, according to the group).“This could be fine,” O’Neill said. “I can’t see anybody that’s bruised if they just left us alone.”Meccariello even said the Odd Fellows would be willing to invite community groups to use their space, if necessary. Their two rooms are cozy, carpeted spaces decorated with rich, aged wood furniture and adorned with photographs from the past.The three Odd Fellows agreed the community seems to support the organization, certainly more than the Town Board does. Community supportAnother proponent is local attorney Rick Osofsky, who has been trying to advocate for a solution that would work for all parties involved. Osofsky asked why it would have been OK for the Odd Fellows to remain in the building “if that building had been gifted to the town, but illegal if the town purchased the building.” Keeler addressed the point.“It would be a different thing, our attorney told us, if it was gifted and we didn’t have to spend any public money,” he said, adding as buyers the town is spending public money and therefore can’t legally put the Odd Fellows on their list of expenses. “We wouldn’t have had much choice in the matter but that’s not what happened.”Osofsky, however, said the issue is creating “divisiveness within the community” and stressed that “everyone understood the agreement between the Odd Fellows and the library foundation from the beginning.”He also said moving the library to its former space with the intent of moving it back to its newer space is an unnecessary expense, and asked “can cooler heads prevail?”Osofsky even tried to start a commission to facilitate an agreement on the issue, but that “went nowhere,” according to Casazza.What’s all the fuss about?O’Neill, for his part, said he’s “clueless” as to why the town is being so obstinate about removing the Odd Fellows from the building. He said the solution is simple and straightforward.“Buy the building and leave us alone,” he said. “It can’t be any clearer than that.” He added the hesitancy only arose once the town started to think it would have to pay for the property.But that should have no bearing, he said. After all, the three agreed, the Odd Fellows are a fellowship organization. They aim to help the community in ways big and small.“Our mantra is ‘to improve the condition of mankind,’” said O’Neill.One example: donating the property for the library.“But we’re not a big organization with a lot of resources,” said Casazza.The Odd Fellows organization has fewer than 20 active members.Hollow gesture, steely determinationAs far as the town’s past offer to let the Odd Fellows use the former library space, Casazza said that was unworthy of being called an offer.“They offered it to us for a short period of time. The building was for sale so there was no way of knowing how long we would be there for, and we couldn’t stay more than five years,” he said. “We’d have no lease. We didn’t consider it a real offer.”“We never got to the stage where we considered it and turned it down even,” added O’Neill.Additionally, the Odd Fellows have never had the opportunity to talk about their situation with all of the players involved at the same time, they said. It’s been either meetings with the bank or meetings with the town, but never with the bank and the town simultaneously.“How can you negotiate if you don’t have all of the parties?” asked Casazza. “There are so many different angles to this thing.”“And this is not a done deal,” added O’Neill with determination.