Fulton City Council Hears Complaints About Bullhead Point Lease.

FULTON – On Tuesday, January 21, 2025, the Fulton Council Meeting commenced with the Pledge of Allegiance led by Fulton VFW Commander Josh Muters. The mayor honored World War 2 Veteran Mr. Keith Baker Sr. and Deputy City Clerk Jo Smith with Resolutions of Honor.

The Council discussed various topics, including approving a Licensing Agreement with Oswego County UAV Drone, which was added to the agenda that evening.

David Phares questioned the lease agreement for Bullhead Point. The property, which includes utilities, insurance, and taxes, is currently rented from the city for $600 per month. This rental cost is roughly equivalent to the new property tax, allowing the restaurant operating on the property to either turn a profit or lower prices to compete with other establishments at an unfair advantage.

Critics argue that this arrangement is unfair and have called for the lease to be put out for bid to let the marketplace determine the rent. “When I was running for mayor, people would complain to me about this,” Phares stated. There are reportedly other interested bidders supporting the call for a fair bidding process. Phares accused the council of not upholding their fiduciary responsibilities to the city.

Councilor Audrey Avery commented the importance of honoring the existing agreement and extending the lease. “We could have an established business who’s been there for numerous years, doing a magnificent job for our city, and it brings business to other properties and businesses in the city,” Avery highlighted the ripple effect the business has on the local economy, from gas stations to grocery stores.

Mt Phares stressed the need to reassess the lease terms to ensure the city receives fair market value. “You cannot allow past mistakes to influence huge decisions,” Phares said. He stated that the right course of action is to put the lease out for bid and secure the appropriate amount of money for the city despite the risks involved.

During the open comment period at the end of the meeting, Frank Castiglia expressed frustration over the lack of opportunity to speak on agenda items that were not clearly communicated beforehand.

“First of all, you brought up items that seem like they should have been talked about. The public didn’t get to speak on them because we didn’t know what they were about.” Mr. Castiglia said. “I doubt that there’s anybody out here in the audience who knows what the consent to assignment of sublease is. And if we don’t know, we can’t sign up to speak on it. So, how can we ask questions about it?”

Frank argued that the current process infringes upon residents’ First Amendment rights. “But what this kind of council is doing is violating those First Amendment rights by not allowing voices if they haven’t signed up prior to the meeting,” he said.

The concerns were further illustrated by the experience of residents who wished to speak on issues raised by council members but had not registered beforehand. “Maybe somebody in the audience didn’t sign up, but after Mr. Phares got to speak, they may have wanted to address those issues, but they couldn’t,” Frank added.

Mr. Castiglia continued, “I set the rules up with the mayor, but the crucial rule is that after the list is covered, you should ask if anyone not signed up would like to speak on the agenda. By taking that away, you’re taking away our First Amendment rights. You think you’re giving it to them because you’re saying, ‘We’ll let you speak.’ That is not in line with the open meeting law.”

Can I speak at a meeting?

The Law is silent with respect to public participation. While it has been advised that a public body does not have to allow the public to speak, many choose to permit public participation. In those instances, it has been advised that a public body must treat all persons in a like manner. For instance, the public body can adopt reasonable rules to ensure fairness; i.e., allowing those who want to speak a specific period of time to express their views. See advisory opinions under “P” for “Public Participation” in the OML Advisory Opinion Index.

*From NY Department of State Open Meetings Law (OML) Frequently Asked Questions Website.

Frank Castiglia expressed significant concerns regarding the city’s warming centers. During the open comment period and in recent social media posts, he raised questions about the level of supervision at these facilities and their funding, asking, “Why wasn’t this thought of sooner and planned properly?” Castiglia ho is opposed to the implementation of warming stations.

Resolutions passed:

1. Notation to appoint Daniel O’Brien to the Civil Service Commission.
2. Resolve to authorize the Mayor to sign an extension to the lease agreement for the use of the Tourism Center located at Bullhead Point.
3. Resolve to authorize the Mayor to sign a Consent to Assignment of Sublease.
4. Resolve to authorize the Mayor to sign an agreement with Vertiv Corporation.

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