Expert: Lot Decision Should Have Been Public

MASSENA - The village's Board of Trustees decided behind closed doors earlier this month to end a 45-year old agreement to maintain a downtown parking lot.

That decision should have been made in public, according to the executive director of the New York State Committee on Open Government.

Since 1967, the village has leased the lot behind Main and Andrews Streets from four downtown property owners and maintained it. Those owners received a letter dated Jan. 20 informing them the village board had decided at a Jan. 17 meeting not to renew the lease.

Starting Feb. 20, it will be up to owners of Clopman's Furniture, the Massena School of Business building, World Class Gym and Fitness Center and Auggie's Speedway Inn to plow, maintain and potentially restrict access to the lot, which has been public until now.

The letter does not explain why the village was exiting the agreement. At the Jan. 17 meeting ,the parking lot was not on the agenda. There was no vote taken or discussion about the lot in open session.

At the end of the meeting, Mayor James F. Hidy called for an executive session to discuss "a contract and a lease" and said no action would be taken. The board adjourned immediately after reconvening from the executive session without taking action.

Three days later, Mr. Hidy wrote the letter saying the village board decided the issue that night. That should not have been discussed behind closed doors, according to Robert J. Freeman, executive director of the New York State Committee on Open Government.

One permitted ground for an executive session is the "proposed acquisition, sale or lease of real property" but only "when publicity would substantially affect the value thereof." Ending a maintenance lease does not qualify, Mr. Freeman said.

"I don't think the shoe fits. It doesn't seem there would be a valid basis for discussing the issue or voting behind closed doors," Mr. Freeman said. "That presumably would have little to no impact on the value of the parcel."

Ending a maintenance agreement that night is not a "proposed" action, Mr. Freeman said.

"We're not talking about proposed here ... Proposed is in the future," he said.

Mr. Freeman said he could not classify the session as illegal or in violation of the state's open meetings law because he is not a judge and cannot make that determination.

Mr. Hidy refused to discuss what happened in executive session.

"We felt what we spoke of fell within that guideline," he said.

He submitted the letter to the business owners "on behalf" of the village board after the meeting. He takes full responsibility for the letter's contents.

"I got the notice the lease was going to be coming up. I took it upon myself to send the letter," Mr. Hidy said. "I put the board on there. I was speaking on behalf of the board, in haste probably."

Trustees Francis J. Carvel, Albert C. "Herb" Deshaies and Patricia K. "Trish" Wilson all said they were also in favor of ending the lease agreement. Ms. Wilson said the issue was discussed in the executive session, but there was no formal decision to end the agreement.

She said she did not know why Mr. Hidy was convening the closed door meeting before it occurred.

"When we were in there, I said 'This is not a decision that should be made here,' that we should do it at the next meeting," she said. "It was just supposed to be a discussion ... The reality was, there was no decision made by the village. There was no motion. There was no second. There was no vote."

Mr. Hidy may have been "ahead of the curve" when he wrote the letter telling property owners there was a decision, Ms. Wilson said. She and Mr. Hidy were open to receiving public input at the board's Feb. 7 meeting.

"We don't want to make decisions that are going to have negative impacts down the road," she said. "We probably should have brought it up at the next meeting and had a vote on what we were going to do."

Mr. Carvel said the potential liability of keeping the lot outweighs the benefits.

"I don't see why the village should take the liability of maintaining that any longer. The liability is one thing we have to be very careful of today," Mr. Carvel said. "Personally, I support it. Where the other board members stand, I really don't know."

Mr. Deshaies said the issue might have been broached in executive session. He said Department of Public Works Superintendent Hassan A. Fayad and Police Chief Timmy J. CUrrier were also part of the discussion.

"I remember it was brought up," he said. "We want to get out of it. It doesn't even belong to the village."

Mr. Deshaies said the village started maintaining the lot because parking was once at a premium. Now, the village owned lot behind Massena Town Hall and street parking are enough, he said.

The private lot's condition is in "turmoil" because of the mess left behind by downtown bar patrons, he said.

"Now you can count on your hands the important stores you have downtown," he said. "It's not necessary anymore. It's time to get out. Let them take care of their own property."

Trustee Timothy J. Ahlfeld could not be reached for comment.