By Stewart Lilker.

The October 1, 2001, Freeport Village Board meeting began as all other have since the Glackenites came to power. The meeting agenda wasn’t ready before the meeting and almost no one from the public was in attendance. The Board blasted through their agenda in a few minutes and the public was given its chance to address the Board. The meeting was chaired by Deputy Mayor, Renier Frierson, in the absence of Mayor Glacken. Trustee Bill White, Jr., was also absent. Also in attendance were trustees Miller and Mausserberger. At the conclusion of the meeting, a visitor from Merrick told FNYN, "I can see why nobody shows up here. They don’t try to hide their contempt for the public."

The first person to address the Board was Bob Dipolito Jr., a partner in Trius Electric of Freeport. Before he began he handed the Board a copy of the list of his questions. Dipolito got right to the point. "I have a business on Newton Blvd. in Freeport. There are a lot or rumors kicking around. I would like to know what the plans are [for Freeport’s Municipal Parking Lot Number 3]?"

Deputy Mayor Frierson turned the question over to Mob/Village Attorney Edwards. He answered, "There are currently negotiations going on between Paul Conte Cadillac and the Village for the possible purchase of a portion of a parking lot, period.

Dipolito told the Board, "If there are plans to sell this, then we would like to participate in any of the bidding that goes on."

After a long pause Edwards answered, "There are negotiations going on. If it is to be sold the decision will be made by the Board of Trustees at a public meeting."

While the law does not require the parking lot to be put out to bid, there is nothing in the law to prohibit it. Additionally, the parking lot would at least have to be sold at a price that is not grossly disproportionate to the fair market value and an illegal waste of municipal assets. [Other considerations are enumerated in part 1 -- ed.]

Frierson, who is a former Freeport Deputy Village Attorney, and well aware of the law told Dipolito, "It does not have to be put out to bid."

Dipolito told the Board, "We’ve had two short meetings with Mr. Edwards and Lou DiGrazia [Superintendent of Public Works] ... requesting information and basically we have been totally ignored. This has been going on for over a year. We have been told different stories from day one. We have never been reached out to, outside of the two meetings, which were very short. That’s the last we ever heard of it. We’ve made numerous attempts to contact the Trustees, the Mayor, and the Attorney on this matter. We have been left out in the dark."

Edwards responded, "That statement Mr. Dipolito is simply not true."

Edwards also claimed that it was the Village that contacted Dipolito, stating, "Each property owner adjoining this lot was sent a letter by my office indicating there was a potential for sale of this piece of property... In response to the letter my office sent to you and the other property owners, there was a meeting... You indicated at that meeting that you felt that that property was not to be sold because each of you had business that backed up to it. That a sale of all or a portion of it would have an adverse effect on your property. At the conclusion of that meeting, we indicated that we would get back to you on something --. Since that meeting, nothing has happened, other than discussions with Mr. Conte, who I believe has had several discussions with you or the property owners there, as to what you and he might be able to work out. But do not state publicly that this village ignored you, because it was the Village who sought out the property owners... And that's the status of this thing as it stands, today."

Then Dipolito asked Edwards for the date of the purported letter. Edwards answered, "I don’t have it in front of me, but I know that letter went out probably more than a year ago."

When Dipolito asked Edwards for a copy of the letter, Edwards told him to file a Freedom of Information request [FOIL] and he would get a copy. It wasn’t clear where the letter was going to come from, as Dipolito had already FOILed for the information in May, requesting copies of the correspondence "Pertaining to Municipal Lot #3." On June 4, 2001, Anna Knoeller, the Village Clerk and Records Access Officer, responded to Dipolito’s request. The answer speaks for itself. "As per your freedom of information request regarding Municipal Parking Lot #3. We have no information on file."

At the conclusion of the meeting FNYN asked Ted Sheridan, the owner of NuMerrit Electrical Supply, if he had ever seen the letter Edwards was referring to. Sheridan said, "This is the first time I ever heard about any letter. I don’t know what he [Edwards] is talking about."

Dipolito pointed out to the Board that he had filed a Freedom of Information request two weeks before and that he had received no response. NYS law requires the Village to respond within five business days. In that request Dipolito again asked for all records ... pertaining to "lot #3."

Edwards told Dipolito, "That’s the village clerk’s office. But I can tell you that the Freedom of Information Request that you filed sought various documents dealing with a real estate transaction which is in negotiation. You will probably be getting a letter from the Village Clerk, notifying you that this is not available at the moment."

On October 5, 2001, Dipolito received a response from the Village. It said, "Please be advised that [your FOIL request] is hereby denied as it falls within the intra-agency/intra-agency exemption to Freedom of Information." As the Village usually does, it did not, as required by law, state the statutory authority for the exemption.

Mr. Dipolito thanked the Board for its time and took his seat.

Your reporter, who is also a resident, then questioned the Board.

LILKER: The law says a FOIL request is to be responded to in five days. Mr. Dipolito just stood here and said he put in a FOIL request on September 13th. for various items regarding parking lot number three. Could you tell me why from 9/13 until today, Mr. Dipolito has not heard from the village?

FRIERSON: I think that that question was answered.

LILKER: Can you tell me why it wasn’t responded to in five business days.

EDWARDS: First of all, we don’t know that it hasn’t been responded to.

LILKER: He [Dipolito] just said it hasn’t.

EDWARDS: (sarcastically) He said it hadn’t!

LILKER: Do you mean he may be lying?

EDWARDS: He may be misinformed. We will have the Village Clerk check it tomorrow. We will find out what’s happening with it. If it hasn’t been answered, I’m sure it will be.

LILKER: Mr. Dipolito’s request asks for all records regarding the parking lot. Why would he have to request the information again, when it is already on file with the village?

FRIERSON: You have your answer.

The Village of Freeport has been trying to get a movie theater built in Freeport for some time. It is well known that the proposed new site is across the street from the Municipal Parking Lot that Edwards has been negotiating to sell. Your reporter questioned the Board about this:

LILKER: The movie theater around Main Street. Are we still planning a movie theater there?

FRIERSON: I think we all would like to have a movie [theater].

LILKER: Are we planning to put one there?

FRIERSON: I think we would all like to have a movie.

LILKER: Are we trying to put one there? Are you trying to get somebody to develop a movie theater in that area?

FRIERSON: We would like to have a movie theater there.

LILKER: Are you actively trying to get somebody to move forward with a movie theater there?

FRIERSON: We would like to have a movie theater there.

LILKER: So that’s your answer.

FRIERSON: I’ve answered your question.

LILKER: Thank you. Assuming you would like to and you are successful in that, could you tell me where the people would park for that movie theater?

FRIERSON: Behind the stores on Merrick Road going north. The location we are talking about is between Merrick Road between Henry Street and Church. There is municipal parking behind there. Across the street from Walgreens.

LILKER: Then could you tell me why you want to sell a parking lot right across the street from the movie theater?

FRIERSON: Are you suggesting that we should think about parking?

LILKER: No, I am asking you why you would want to sell a parking lot that would be in the direct vicinity of the movie theater?

(Frierson, along with trustees Miller and Mausserberger sat silent, refusing to answer for about twenty seconds. Finally, Frierson spoke up)

FRIERSON: Do you have another question?

LILKER: Is that your answer?

FRIERSON: Do you have another question?

LILKER: Yes. (Reading from Dipolito’s notes) According to Mr. Dipolito’s handwritten notes of December 27, 2000, in a meeting attended by Joe Edwards, Ted Sheridan, Lou DiGrazia, Bob Dipolito and Tom Dipolito, Mr. Edwards said, "Only Conte can buy the lot. It is not an option for others to buy." Can you tell me that if you are selling public property, why it wouldn’t be an item that is known to the public? That is the first part of my question.

The second part of my question is, that considering in the past four years there has been over forty-five percent in village tax increases, could you tell me why you wouldn’t want the value of that property to bring as much to the village as possible?

And could you tell me why, "Only one person. Only Conte can buy the lot. It is not an option for others to buy?" Could you please tell my why the Village Attorney could say that, because that is public property and that is everybody’s property and we should get as much as we can for that.

EDWARDS: In the first place nobody said that only Paul Conte can buy the lot. There are may reasons why a village or a municipality would sell a particular piece of property to one property owner, to the exclusion of others. Not the least of which would be ---. Would that be the case, somebody would come into the village and offer ten million dollars to build a bomb factory. The village has the right to refuse that use, rather than price. Price does not control disposition in all matters, particularly when it comes to the sale of real estate.

LILKER: With all due respect Mr. Edwards, that’s a rather ludicrous example, a bomb factory.

(Edwards disagreed)

LILKER: (talking to the Board) We are talking about a parking lot here. We are not talking about a bomb factory. Not even the Trustees knew about this deal. The trustees were left in the dark. I don’t think that Mr. Edwards is the Mayor of this village.

FRIERSON: Mr. Lilker, there were no conversations with me.

LILKER: Well, there were conversations with other trustees and they did not know.

FRIERSON: That’s your representation.

Whether a given parcel of village property is no longer needed for village purposes is a fact that can only be determined by the village board. It is clear that at the time Edwards entered into negotiations with Paul Conte Chevrolet, at least one of the trustees, Deputy Mayor Frierson by her own admission, knew nothing about the deal.