by Kristina Gabalski
Brockport Mayor Connie Castaneda is scheduled to return to Ogden Town Court August 14. An appearance scheduled for July 24 was adjourned until the August date, court clerk Erin Megalo said.
Criminal and civil charges against Castaneda were initiated in March by Brockport Police Chief Daniel Varrenti and Building/Code Enforcement Officer Scott Zarnstorff following citizen complaints and an investigation concerning the alleged rental use of the mayor’s property at 332 Main Street.
Castaneda has been cited for violations of the Brockport Zoning and Building Codes, and the Property Maintenance Code of the State of New York – including an illegal change of occupancy (rental), failure to apply for a permit concerning building alteration, failure to register a rental property, violation of the certificate of occupancy for the property, and/or failure to have an inspection of the property incidental to a change of use.
Criminal charges against the mayor include 14 separate counts of Official Misconduct arising out of her alleged illegal rental of her property at 332 Main Street that constitute failure to perform her duties as mayor – in the enforcement of local zoning laws as required by section 4-400 of the New York State Village Law, Special Counsel Frank Aloi stated in a release dated July 25.
During a special meeting held July 19, trustees hired Robert J. Lunn, a former NYS Supreme Court and Appellate Division Justice, as special prosecutor representing the village to prosecute the pending civil zoning and building code violations against the mayor in the Town of Ogden Court.
The village will pay Attorney Lunn a $5,000 retainer. Minutes from the July 19 meeting state Lunn will bill his time for services against the retainer at a rate of $200/hr. for both out of court and in court time.
The meeting minutes also state Attorney Frank Aloi, Attorney Lunn and Police Chief Daniel Varrenti met in executive session with trustees during the meeting.
Village attorney Robert Leni has recused himself from representing the village concerning the pending charges.
Aloi was hired by trustees at a special meeting June 12 as special counsel to the trustees (other than the mayor) concerning the Notices of Claim filed by Mayor Castaneda and Norm Giancursio against the village and any litigation commenced by either or both based on their Notices of Claim, “and to advise the trustees concerning the pending criminal and civil charges involving the mayor,” Aloi said.
“A lawsuit based on the Notices of Claim must be filed within one year after the filing of the Notices of Claim,” Aloi said. “It is believed that ultimately, the filing of a complaint against the village will depend upon the outcome of the pending criminal charges against May-or Castaneda and Norman Giancursio.”
Giancursio is charged with second degree Reckless Endangerment relating to a fire at 332 Main Street in March of 2011 and his alleged actions during that fire.
Aloi and Lunn agreed to undertake their representation of the village at reduced rates of compensation, Aloi said.
Lunn appeared in Ogden Town Court on July 24 on behalf of the village.
Lawyers for Mayor Castaneda and Giancursio have called the charges brought against the two a “political hatchet job.”
