Pine Plains library set to move May 22

Two legal minds, two very different legal opinions. That’s what is currently behind the standoff between the town of Pine Plains and the International Order of the Odd Fellows Lodge 903 — the fraternal organization stationed at the circa-2009 library building refusing to vacate, despite the fact the library was foreclosed on and eviction looms in the near future.The Odd Fellows claim they have standing to remain in the 1,000 square feet they were guaranteed in exchange for donating the land on which the new library building was constructed. The town of Pine Plains intends to purchase the library building for $1 million; the building went into foreclosure and was sold at a bankruptcy sale in early 2013 to the Bank of Millbrook. The town maintains, however, that it can’t buy the building with the Odd Fellows remaining as tenants; the Odd Fellows claim it can. Therein lies the problem.Attorney to the Town Warren Replansky remains firm that the town cannot purchase an occupied building, nor can it own a building with a non-municipal entity as a tenant. Odd Fellows attorney David Rankin disagrees, and in an open letter stated, “The New York State government never intended the Gift and Loan Clause of the State Constitution, Article VII, Sec. 8, to apply to situations such as this one, and courts have not interpreted it to. In fact, courts have held the clause allows the government to engage in financial transactions with private entities when the subject of such transactions serves a public purpose.”Rankin continued, “For centuries, the state has given or loaned money to private entities in order to support the building of railroads, schools, banks, hospitals and other institutions that help the state and its residents to thrive.“When the Gift and Loan Clause was added to the New York State Constitution in the 1870s, the purpose was not to totally cut off the financial relationship between public and private entities, but to prevent corruption,” he added. “The members of the 1872 Constitutional Commission wanted to make sure that government officials like Boss Tweed would not be able to use public funds to pay off private citizens and entities who helped them rig elections. The 1894 and 1938 additions to the clause made it clear that the state and its towns and cities were still allowed to contribute government money to public and charitable institutions.”At the Town Board meeting held on Thursday, May 15, Replansky was asked how he felt about Rankin’s letter. “I reviewed the opinion and it’s not valid,” he said. “The contract between the town and the bank requires the property be delivered free and clear of any occupancy.”“My question is if the opinion in the letter is born to be valid, what are the other obstacles?” asked audience member Alec Pandaleon III, a former Odd Fellows member.“I’m not going to answer that question,” said Replansky after being asked it several times. “You can ask the question seven times, I’m not going to answer that question.”Resident Bruce Kimball spoke during the Town Board meeting’s public comment. He asked why the board has been spending money on preparing the old library building — which is where the library planned on moving to Thursday, May 22 — just so it could vacate the new library building and help the bank more easily evict the Odd Fellows.“It’s a waste of time and energy and doesn’t represent the best interests of the town,” Kimball said. “I ask you to separate your egos from the issues and continue what was the intent of the voters in the town.”Voters approved a referendum permitting the town to purchase the new library building so that it could remain a library; many say voters did so with the understanding that the Odd Fellows would remain in place.Odd Fellow Lou Galm asked the board why it’s moving the library, and who made that decision — the Town Board or the library Board of Trustees. Library Board President Jim Mara said it was a mutual agreement, made in concert with Bank of Millbrook President George T. Whalen III.“The Odd Fellows have a right to stay there by state law,” said Galm. “A lot of money is being spent, and we assume when the dust settles the library is moving back [to the new building].”“We’re not assuming anything,” said Mara. “We’re going by mutual agreement. We know evictions are coming and we’re trying to save this town some money.” Odd Fellow Wesley Chase spoke; he then noted he’s a library card holder and member of Friends of Stissing Landmark (FOSL), the group that’s helping town fund the purchase of the library building through collected contributions. “I’m invested in all different aspects,” he said, adding there’s tension among all of the different parties involved in the situation. “It’s really no one’s fault, but there’s been a lack of communication from the start. It would be good for everyone to sit down, state their intentions, and avoid [saying] nasty things.”The Odd Fellows, meanwhile, plan to stay put for as long as they can. Galm said after the meeting that they can likely hold out for some time.“It would be a long process to get us out,” he said. “And I don’t think the bank really wants us out.”“The town wants us out,” said Odd Fellows Noble Grand Ken Meccariello, adding the group is prepared to stand its ground.