Lewiston Town Board: Langlois goes on the offensive

Words flare over golf course EIS funding

by Bill Angus
Lewiston Porter Sentinel, April 17, 2004

Town Supervisor Fred Newlin came out flatly against further public spending on the golf course project without a contract in place.

Councilman Mike Johnson spoke of the contingencies involved on Dowd's funding the $5,000 cost to finalize the golf course environmental impact statement.

I started my reporting of the Lewiston Town Board work session in the usual manner, by placing a recorder on the desktop near Town Supervisor Fred Newlin and the councilmen. Councilman Jim Langlois was seated the furthest away from the recorder.

At board meetings recorders are necessary since councilmen, such as Langlois, often claim they were misquoted. A recording has never appeared to stop him from claiming that, however, it goes a long way to supporting the paper's policy of reporting the facts truthfully and accurately. Since the board's sound system at Town Hall does not always allow the audience to clearly hear the discussion, private recordings are necessary.

In order not to interfere with the progress of the Monday meeting, a recorder was put in place and turned on prior to the board commencing the session. After a brief, quiet conversation between Newlin and Councilman Dan Kilmer prior to the meeting's start, I caught Newlin's eye and asked him if he knew the recorder was running. He laughingly quipped, "yes, we didn't call you any bad names, don't worry, Bill." I would have allowed the tape to be erased up to this point if they had so desired.

Fireworks Start

The normally friendly banter was not to continue.

Immediately after having his motion fail on the golf course, Langlois angrily raised a point of order stating, "could I have that [Sentinel recorder] removed from the desk here? It's OK to take notes, but I don't like the undercurrent to be picked up on the recorder. I don't think putting a recorder in front of the desk is proper."

Newlin responded, "I believe the press is allowed to record public meetings."

Langlois stated, "anything that is disruptive to the meetings are not allowed."

Newlin countered, "personally I don't find it offensive or disruptive."

Langlois continued, "its just a point of it being potentially disruptive and having this here and having him [Angus] own that particular thing. If Michael [Johnson] were to call me a name under the cover ... it would be recorded and it might show up in the Sentinel."

Councilman Michael Johnson laughing stated, "I'd never do that."

Newlin concluded the issue by stating, "for this meeting I'll rely on each members' decorum and we can look into that at the next Town Board meeting."

There are many legal opinions supporting recorders at meetings. It is simply amazing that freedom of the press is still an issue with a politician.

There are numerous judicial decisions dealing with audio recording devices at open meetings of public bodies. In a leading case, Mitchell v. Board of Education, the Appellate Division found that "a prohibition against the use of unobtrusive devises is inconsistent with the goal of a fully informed citizenry" and annulled the resolution banning the use of tape recorders. It was determined that a rule prohibiting the use of tape recorders was unreasonable.

Riverwalk Subdivision

Getting into Monday's session, three motions were presented on Riverwalk. Newlin told the meeting that the "motions tonight just set us up for the public hearing ... this is the steps we have to go to ... it is not the approval for the final plan which is Riverwalk, it just gets us to the next rung on the ladder."

Although the development received approval from the Planning Board with eight conditions attached, the town's Environmental Board remains deadlocked at 3 to 3.

Kilmer stated, "I got a copy of the environmental board's minutes. The one thing we have to make clear ... I don't think it should be in the realm to question laws and policies that the board sets. If you read the minutes from the environmental meeting it wasn't questioning whether the project was legal ... they questioned the way this board passed the cluster housing law. That really should not be a deciding factor on the environmental side ... we need to ... take the politics out of the committees and just do what they are asked to do."

Langlois added, "the main discussion points [Environmental Board] were drainage issues in the town, not liking cluster housing ... and something about Joe Davis Park." Langlois concluded by saying that they are only an advisory board stating, "the Town Board can accept their situation or not."

Final Meeting

What may be the final public hearing for Riverwalk will be held on Monday, April 26 at 5:45 p.m.

Kilmer said that the board needed to allow some time for the hearing suggesting a meeting of an hour.

Langlois countered, "I think 30 minutes should be enough ... we've had how many public hearings on this already?".

Newlin told Langlois, "this one is legally required." Newlin suggested a 45-minute meeting commencing at 5:45 p.m.

Golf Course Controversy

In other news, the golf course is still absorbing public funds without the public's go-ahead on the project. The public hearing promised for last year has yet to materialize.

Langlois told the Board, "you have a letter in front of you from Michael Dowd saying that he is willing to pay $5,000 towards the final environmental impact statement ... he's willing to essentially complete the work ... whether the golf course is approved or not ... this is a kind of win-win situation."

Johnson corrected Langlois' version of the facts stating, "first of all the letter that I have here in front of me, Mr. Langlois did not speak to. It says we will pay the $5,000 ... but this commitment is contingent upon the town agreeing to extend the contract with Old Creek Development. (Deputy Town Attorney) Dave Boniello ... said there were some things that he had to address on the contract ... I want to get this thing rolling as fast as everybody else does."

Town Attorney, Joe Leone, responding to the board stated, "would I feel more comfortable if you had a contact in place with the proposed operator? Sure I would."

Johnson suggested that perhaps Boniello meet with Dowd to discuss the contract. Johnson concluded, "I'd like to see this thing get moving as quick as possible but I'm worried about this contingency in here that says according to the essential terms."

Newlin Speaks Out

Newlin stated, "I have a broad objection to this proposal ... in that it was presented to us just minutes before the meeting ... it's not giving us a lot of time to reflect on its merits."

As Langlois tried to interrupt Newlin by talking over him, Newlin ruled Langlois out of order. Newlin read the documents as stating that the $5,000 payment was contingent on the town extending the golf course contact. Newlin added, "to me that means Mr. Dowd will not pay the $5,000 until the town extends the contract."

Leone agreed.

Newlin concluded, "personally I'm against the expenditure of any public monies for this golf course. I stated that clearly in the campaign ... first the Town has got to come to an agreement upon the extension of a contract and then we proceed with the SEQR."

Langlois told Newlin, "I think it's kind of odd to say that you've spent $105,000, you don't want to spend another $5,000 to finish up the essential work ... I certainly hope the rest of the board doesn't sit back and decide to hold us up for another x weeks or months and so forth and miss another season because of a lousy 5,000 bucks."

Newlin stressed that the contract has lapsed and that the board shouldn't proceed with an outside entity without a contract in place.

Johnson also wanted an agreement finalized first, stating that another week is not much of a delay.

Newlin made a motion to negotiate an agreeable extension of the golf contract prior to proceeding with the Dowd proposal.

Langlois Objects

Langlois angrily stated, "I just don't think that's reasonable at all ... if someone doesn't like the golf course all you've got to do is keep delaying it ... and you've killed it. That is what's happening here.".

Johnson told Langlois, "that's not what we want to do ... It may sound like that to you because you like to slam dunk everything."

After Newlin's motion failed to carry, Johnson made a motion to immediately have the parties meet, review Boniello's contract questions, get something in writing between the two parties, and then proceed with Dowd's proposal. Johnson's motion passed 3-1.

Kilmer had told Langlois, "if you read it [Dowd's letter] he [Dowd] won't reimburse the town unless we have a contract, so let's get the contract done this week, get the extension and we're done."

Grant Writer

Moving on to the issue of a grant writer, Johnson told the board that there are plenty of available funds that the town should attempt to secure. He wants to seek a formal grant writer, use the county grant writer or train town staff. According to Johnson fees for the grant writer are often paid out of the grant and run from 5 to 10 percent. Johnson said that he is open to suggestions and feels that the town needs to get more aggressive in this area. Johnson stated, "you really have to be on the computer on a regular basis, you have to know what grants to look for ... Ford was offering a grant ... it was actually in the Sentinel that they found the advertisement ... for Ford."

Newlin jokingly quipped, "no commission Bill."

Johnson indicated he will do further research and discussion will continue at the next board meeting in two weeks.

Lewiston Fire Co. #1

It was revealed that night that Lewiston Volunteer Fire Co. #1 is the only contract outstanding with the town.

Langlois told the board he wanted an explanation of how the funding works between the town and the village for Lewiston Fire Co. #1.

Langlois stated, "my question is, what does the village then contribute to Lewiston #1 and what is the total they have and is that an appropriate amount as the populations change in the town and the village and so forth? I'd just like to understand how ... the sharing was worked out."

A public hearing on this contract will be held on April 26 at 6:30 p.m.

Drainage Issues

Wrapping up, a number of drainage issues have arisen in the town.

Kilmer suggested that the town advertise in the Sentinel and Niagara Gazette to tell people what is their responsibility and what is the town's responsibility with regards to the drainage problems. Kilmer stated, "if it's in your back yard ... it's your problem ... it's not the town's responsibility to fix it" Kilmer feels that the town is wasting money to send an engineer out to tell the board of problems affecting private property in the town.

Langlois told the board that his neighbor "has been having trouble ... with his back yard and yesterday I saw a trencher out there digging a trench from his back yard all the way to the front tying into the storm drain, he didn't come to the town and ask to have it done, I feel bad about him."

According to Highway Superintendent Steve Reiter, it is illegal to tie into the town's storm drain without approval.

Discussions will continue at the Board meeting in two weeks.

Another hard night at the Town Board. Is it any wonder why Lewis the Town Mouse left to reside in the village?