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The Fredonia Board of Trustees decided to cut off any comment about water issues during Wednesday's session.
Mayor Michael Ferguson began the meeting with a statement: "We want to remind people that the board is not required to permit members of the public to speak at a public board meeting. The Open Meetings Law of New York State does not require boards to allow members of the public to speak at such meetings. A board meeting is not a meeting of the public, but rather, a meeting of the board held in public, so that those in attendance can observe the board discussing and transacting business."
Ferguson went on to mention the lawsuit against the village for trustees' Dec. 26 vote to decommission the water plant, draw down the reservoir and buy water from Dunkirk.
"The village has been advised by counsel not to comment on pending litigation, other than to refer to public statements issued by the village," he said. "Therefore, no statements regarding the matter at litigation will be made at tonight's meeting." Ferguson made a statement criticizing the litigation at last week's workshop.
The mayor then asked trustees to either remove the public comment portion from Wednesday's meeting, or limit it to items already on the agenda.
Trustee Michelle Twichell motioned to limit comments to items on the agenda. Trustee Jon Espersen then noted that water-related items were on the agenda, so due to the water-related litigation, it was best to remove the comments portion entirely. Espersen's motion carried 4-1, Twichell voting "nay." Her motion died for lack of a second.
In a press release issued late Wednesday, the Citizens Action Group for Saving Our Reservoir called out Ferguson and the trustees for prohibiting all public comments from those in attendance at Wednesday night's meeting.
"Just as the mayor and trustee candidates hid behind the LaBella report late last year, refusing to take any public position on the village's water issues until the LaBella study was released, they are now hiding behind the recent Article 78 filed against the village," the group said in a statement. "The mayor and trustees have so far refused to answer any questions from the public, and now they are disallowing public questions and comments at open meetings. Questions and comments that are almost entirely in opposition to their highly unpopular actions to decommission the Fredonia Reservoir and buy water from the city of Dunkirk. Our group understands that trustees are not required by law to allow public comments at their meetings. That does not make it right. There has always been an understanding that even when the board was considering controversial issues, public comments and questions were welcomed and encouraged."