Tensions rise on Village Board over new law firm’s retainer

By MARTIN WILBUR

The Mount Kisco Village Board met in executive session Wednesday evening in hopes of finalizing the retainer agreement for the new law firm that it has already approved hiring.

A vote was put on hold Oct. 20 to ratify an agreement for Dorf Nelson & Zauderer to become village attorney and village prosecutor following the board’s appointment two weeks earlier. Trustee Karen Schleimer said she needed more time to review it along with several questions regarding her preference for the lawyer’s in-person attendance at Village Board meetings and disbursements, among other uncertainties. Trustee Tom Luzio also said he had questions about aspects of the agreement.

“I need some resolution before I would agree to sign the retainer agreement, although I think they’re wonderful and I was truly impressed by them if we’re going to hire them,” Schleimer said.

Dorf Nelson & Zauderer was retained to advise the village in the wake of a threatened lawsuit in September by Chabad of Bedford after initially being denied a permit to conduct a High Holy Day service in Leonard Park. They have also been advising them related to the proposed revision to Chapter 43 regulating carrying and consuming alcoholic beverages.

Although the board is expected to eventually approve a retainer agreement, tensions spiked at the last regular board meeting when Luzio and Deputy Mayor Theresa Flora began sparring verbally. Flora said she was “concerned, disappointed, disturbed” and accused Luzio of impugning the reputation of the board after he reached out to the new attorneys to pose questions about the constitutionality of some of the recent laws proposed by the village.

“What I know is it is inappropriate to impugn the character of people on the board who in no way are trying to undermine the residents, the Constitution, and think it deserves an apology, quite frankly,” Flora charged.

Over the past several months, Luzio has questioned proposed actions, including the potential prohibition of carrying sealed containers of alcohol through Kirby Plaza and the possibility of how to deal with protests in the village that have cost the village money to police.

Flora later read an excerpt from Luzio’s email, stating: “it is the other members of this board in their persistence of moving forward with the law that contains an unconstitutional clause or their inaction concerning that issue.”

Luzio strongly denied that he impugned the board.

“I wrote what I wrote as a legal opinion of what I thought the laws were in these areas,” said Luzio, an attorney. 

“I don’t take legal opinions from a fellow trustee,” Flora shot back. “I take it from counsel.”

Luzio said he or any board member is permitted to reach out to counsel on any issue that they have been retained on. He had forwarded his email to Dorf Nelson & Zauderer, regarding the alcohol and beverage law.

Schleimer said she disagreed with Luzio’s conclusion.

“I don’t think washing dirty linen in public helps anybody,” she said. “I think that we need to move on. This is a ridiculous waste of everybody’s time.”

Cindrich told The Recorder before Wednesday’s session that because the village entered into an interim retainer agreement, if the village needs counsel on a specific issue or had a crisis situation, they could represent Mount Kisco until a final agreement is reached.