Election Tensions Grow

For the fourth time in recent weeks, the can was kicked down the road today in the court case filed by Alison Jolicoeur against the Town of Putnam Valley. (Jolicoeur, a Democrat, is running for re-election tomorrow as the town's supervisor.)

At this morning's hearing in Putnam County's Supreme Court, the Honorable Victor G. Grossman erupted in frustration when he was told that, yet again, no progress had been made towards settling a case that has been dragging on for more than two years. "This case is growing old and long and not going the way it should," Grossman said. "I don't have cases lasting this long."

The lawyer for the insurance company that is handling the case on behalf of the town laid the blame for the delays on Sarah Ryan, the attorney the Town Board has hired to guide its response. Ryan was an unusual choice by the board given that, after taking office in January, Jolicoeur did not reappoint Ryan as town counsel. Ryan had previously worked closely with Jacqueline Annabi, the former supervisor who Jolicoeur defeated by 23 votes last November. Though the current Town Board consists of two Democrats and two Republicans, they went ahead and hired Ryan because they thought using an attorney who was already familiar with the case would save the town money.

The latest issues surrounding this case might have been confined to the pages of Facebook. But a few days ago Jolicoeur's opponent, Bill Gouldman, apparently assuming the court case would still be happening, mailed a flyer highlighting the issue to certain homes in Putnam Valley.

In addition to shining a bright light on a lawsuit that was filed well before Jolicoeur first ran for office and was ongoing when she was elected last year, the flyer misleadingly states that Jolicoeur "wants to" raise residents' property taxes by 7%. That number stems from a tentative budget proposal dated September 30th. At the time that budget was proposed, Jolicoeur made it clear in public meetings that she was working to bring that number down. In its latest iteration, published October 21st, the proposed property tax increase is 3.34%.

Gouldman's flyer drew a sharp rebuke yesterday from former Town Supervisor Sam Oliverio, who shared his views on Facebook:

"You know, in all my years of Governmental Work and politics, I have NEVER lied, gave out misinformation or belittled my opponents with crap and false misleading propaganda. It breaks my heart to see that Bill Gouldman's campaign is doing that very thing. This mailer is a disgrace and just so in the gutter that I felt as a former Town Councilperson, County Legislator and Town Supervisor I had to speak out about this desperate act of political mud-slinging!" Oliverio has publicly endorsed Jolicoeur despite acknowledging his friendship with Gouldman.

Gouldman's decision to circulate the flyer stands in contrast to his posture at the October 19th Meet the Candidates event. When asked how he would respond if an unnamed elected official waged a property dispute with the town, he took the high road: "It would not be prudent for any Town Board member or a supervisor to really talk about that because now it’s in the court system and the court has to make that decision," he said. In her response to that question, Jolicoeur said that since being elected, she has recused herself from all deliberations about the suit with the Town Board and noted that the legal cost to the town from the lawsuit so far was $3,322. (The question and exchange can be found at the 1:19:20 mark of the video recording of the candidates' forum.)

For those unfamiliar with "key gate" as it has become known, the issue is whether Jolicoeur should be given access through a town property to her home on Lake Peekskill. That access through a locked gate was established informally decades ago, but the key to the gate was taken away by former Supervisor Annabi after identifying legal constraints. In January, Judge Grossman addressed the issue temporarily by issuing an interim order forcing the town to give Jolicoeur access through the gate for what it deemed "necessities of life", as well as emergency services and urgent home repairs.

In today's hearing, Daniel Miller, the lawyer representing Jolicoeur, asked if Ryan could be ordered to deliver a draft with settlement language within a week. Considering that in mid-October, both parties had told the judge there was "an agreement in principle broadly concerning a revocable license agreement," Miller said, "I don't think it's that difficult to do." The lawyer for the town said Ryan was busy with election and budget issues and that ten days would be more realistic. The next court date has been set for November 16th.

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