Island Dispatch, 1993-01-08

              ISLAND DISPATCH With The GRAND ISLAND NEWS GRAND ISLAND, NY (716) 773-7676 20 PAGES VOL. 49 • NO. 41 JAN. 8, 1993 GO BILLS! Crush The Men Of Steel SERVING THE GRAND ISLAND COMMUNITY SINCE 1944 Defense Attorney Explains Moratorium Liability THE RESPONSIBILITY for the River Oaks lawsuit that may cost taxpayers $1.5 million was the subject of a letter to Town Attorney William P. Wiles from the town's defending counsel Theodore J. Burns. Noting that "some questions have arisen with regard to the jury verdict" against the town. Bums said: "The lawsuit named Martin Prast as defendant, both in his individual capacity and as supervisor of the Town of Grand Island. The lawsuit also named Marion Fabiano in her individual capacity and as councilwoman and acting supervisor of the Town of Grand Island. "Before the case was submitted to the jury, US District Judge William Skretny ruled that Mrs. Fabiano could not be held liable lo River Oaks Marine, Inc. in her individual capacity but only in her official position as councilwoman and acting supervisor. However, Judge Skretny permitted the jury to consider whether Martin Prast could be liable to River Oaks Marine in his individual capacity, as well as his position as Town Supervisor. The jury determined that Mr. Prast was not liable in his individual capacity." In conclusion, be said, "The liability of Mr. Prast and Mrs. Fabiano arises out of actions taken by the board. Neither Mr. Prast nor Mrs. Fabiano has any individual or personal liability for the judgment." The moratorium on removing clay from the Island, part of the argument during the trial, was passed by the board October 20, 1986 when La Verne C. Luther was supervisor and council members were Fabiano, Swan, Pax and Linenfelser. The moratorium first became an issue that year when the owners of the property now held by Acquest Co. on Long Road presented plans to build a 20 acre lake on the site. Marion Fabiano following the Town Board meeting Monday told the Dispatch she would not even consider resignation despite recent criticisms of her actions in regards to the River Oaks lawsuit, and restated the fact she would never have acted against the advice of legal counsel. MEK Isle Teens Experience Safe Fun On New Year’s Eve For story, see page 8. Photo by Barb! Lare Town Board Bashed Over Bond Issue CITIZEN concern over the town's loss in the River Oaks Marina lawsuit continued to be heard Monday at the Town Board meeting. Among those who spoke during the Voice of the People portion of the session were John Simon, Jack Hugill and Robert Weaver. "We've got to get to the bottom of this," Simon said, referring to the 1986 moratorium on removing clay from the Island and River Oaks subsequent court case for damages it claimed to have suffered at that time. "I think it is something we should talk about. I don't think you understand how serious this problem is," Simon said. Hugill agreed with Simon's contention that the town attorney in 1986, Edward Kinney, had advised against the moratorium. Weaver, who had complained about the $1.5 million bond issue decision in favor of River Oaks at a previous meeting said he was upset to see that his statement was not recorded in the minutes. Councilman Gail Lazenby, with a complete copy of the minutes, showed him his remarks did in fact appear in the December 21 town board minutes. Questions by him at that time were "Who exactly wrote the Natural Resource Moratorium?, Why did the town's insurance company deny payment of the judgment, and what is the cost of the bond issue to each taxpayer." Others in the crowded board room continued to voice disappointment in the result of the Marina's claim and accusations ol unfair treatment of the business community by the town were made. Local businessman Joe Samrany, hoping to temper the situation, reminded audience members that the current town board was and is different than the one which was involved in the River Oaks issue. "We also arc very concerned with the problem (River Oaks)," Supervisor James II. Pax said, noting that the town has 30 days to appeal the court's decision and is considering other options such as suing the town's insurance carrier. "We're not trying to hide anything," he said, "and I do not think the board should have to take this kind of abuse," referring to some accusations made during the discussion. He said that future abusive displays would not be tolerated. Referring to a number of issues including recent violations of M-l zoning. Councilman Gail Lazenby said, "We're damned if we do and damned if we don't" explaining that the position of councilman is difficult at best and that all were trying to serve with the best of intentions. CONTINUED ON I'ACE 5