MONTEZUMA - The Montezuma Town Board sidestepped the issue of appointing a new planning board Tuesday night, postponing the decision until its next meeting March 18.

William S. Saroodis, town supervisor, said that the main reason for the postponement was the absence of Norman Chirco, who was in New York City for town attorney training.

“He advised me to wait until next month,” Saroodis said. “He asked me to hold off.”

Saroodis said that although there were some gray areas regarding the dissolving of the planning board, he was confident that the town's actions were legal.

“I've checked into it, and we've done everything legal,” he told the 40 town residents assembled in the hall. He also indicated that three new applicants had come forward to be considered for the planning board. He indicated that one of the applicants fits the board's interest in appointing someone from the agricultural zone.

“Can't you just add one person?” asked Gwen Ellenwood.

“Yes,” Saroodis said. “We've been operating with seven.”

The issue goes back to Jan. 15, when the town board followed town councilor Antoinette Smart's motion to go into executive session during its reorganizational meeting. It came out with a unanimous resolution to abolish the planning board and reappoint a new one at its March meeting, astounding the planning board members.

No reason was given for the dissolution at that time, but current planning board members were invited to reapply, submitting a letter or a resume.

Now the issue will be over the legality of that action.

“Do we need to bring legal counsel?” Joe Verdi, planning board chairman, asked.

“We're going to have our lawyer here,” Saroodis said, referring to the next town board meeting.

The planning board is going to be represented by Robert Gallamore, a Fulton attorney.

“We've had a problem getting a Cayuga County attorney,” John Melnick, planning board member said, noting that attorneys were reluctant to go against another attorney in this county.

“Gallamore is not afraid to take on the Town of Montezuma,” he said, noting that the attorney had successfully resolved a similar case in the Town of Clarkson.

Melnick said the dismissal was illegal if done without a public hearing.

“We don't even have to have a planning board,” Saroodis said.

“Once you have one established, you have to have a public hearing,” Melnick said.

The issue of how often the planning board is appointed was raised, and residents wanted to know when the town board passed a resolution to appoint a planning board yearly.

The tenure of planning board members was discussed at the Jan. 15 meeting when members understood their terms were seven years, but the town board disagreed.

At that time, the town board believed it had a precedent for dissolving the planning board. Saroodis cited John Giardina, a past supervisor, who Saroodis said, had abolished a planning board.

But Joan and Donald Alcock disagreed.

“The board was never abolished,” Joan Alcock said. “John Giardina told me he never did that. My husband and Schooley were kicked off by John but he never abolished any board.”

The board was asked again for a reason why the planning board was dissolved.

“We can't give you a reason,” Saroodis said. “Believe whatever you want.”

Planning board members submitted a letter of intent to the town board requesting all previous members be reappointed.

“After seeking legal counsel, we stand united in our view, that the town board members acted illegally in dismissing the current board members without fair cause nor public hearing as is required under New York State Municipal law,” the letter said.

They go on to request that the town board “proceed with making the righteous appointments without further cause for legal action against the town.”

They want the duration of the appointments to fit in with county regulations, and the letter goes on to say that “any dismissals will result in an immediate legal response against the Town of Montezuma.”

Staff writer Kathleen Barran can be reached at 253-5322 ext. 238 or kathleen.barran@lee.net