According to the OBSERVER’s View in the May 4-5, 2024 edition, it is against any referendum by Fredonia residents on the Village Board’s decision to connect to Dunkirk’s water system, discontinue its filtration plant and use of the Village reservoir.

It’s true that most decisions regarding the operation of the Village are required by law to be made by our elected representatives; however, like most laws there are exceptions.

Some of the exceptions which require a referendum on Village Board decisions are: changes in the membership or composition of the Board of Trustees, abolishing an elective office, and abolishing, transferring or curtailing any power of the Mayor or Village Board.

Some of the decisions require a mandatory referendum and some a permissive referendum.

Also, the state Local Finance Law requires the Village to adhere to permissive referendum requirements where the term of financing of the project to pay for the new water system exceeds five years.

Although the Village Board can make the initial decision on proceeding with the project authorized in the bond resolution, it’s the Village taxpayers that must make the payments on the bonds to pay for the Board’s decision. Federal/state grants don’t pay the entire cost of the improvements and it will take a long time to pay the expensive debt authorized by the Village Board .

Briefly, the State Finance law requires that if the term of the bond issue (similar to mortgage payments) exceeds five years in maturity, the Village Board is required to adhere to permissive referendum requirements before the Board’s decision is final.

In such borrowings, the law specifically authorizes the Village Board on its own motion to call for an election on the matter. If the Village Board does not call for an election on its own motion, a petition signed by at least 20% of the qualified voters can require a referendum.

If the Village Board does not on its own motion call for a referendum or there is no petition submitted by at least 20% of the electors of the Village asking for a referendum, then the project and it its financing are deemed approved as set forth in the bond resolution.

The Village will likely be required to have a long-term bond issue exceeding 5 years in maturity, as payment of the project within five years would be oppressive and likely violate taxing limits. This will trigger the rights to a permissive referendum.

In 1985-86 there was an excellent example of a permissive referendum in our Village. It was a very controversial issue. I’m sure many Village residents still remember it.

The issue was whether the Village should build a new Village Hall and abandon the existing Village Hall which was in much need of repair and improvements. The matter was referred by the Village Board to the Village Planning Board for study and report.

The Planning Board recommended abandoning Village Hall, claiming it was too expensive to renovate and not feasible. The Planning Board recommended constructing a new Village Hall with all modern facilities (an elevator, new windows, etc. etc.), basically a new up-to-date modern facility was recommended.

After the Planning Board decision, the Village Board decided to move forward with a proposed new Village Hall facility and adopted a bond resolution exceeding 5 years in maturity to pay for a new Village Hall.

A large number of Village residents were very upset. They wanted to keep and improve the existing Village Hall.

The Fredonia Preservation Society also supported keeping the old Village Hall with its Opera House constructed in 1890.

Because of significant public opposition to abandoning the Village Hall, the Village Board of Trustees finally decided it would be in the best interest of the Village and its residents to have a referendum as permitted by law.

Without requiring any petition by the residents, the Village Board on its own motion decided to call for the referendum. A defeat of the financing resolution would be tantamount to a defeat of the proposed new Village Hall.

The result of the election was an overwhelming defeat of the bond resolution for a new Village Hall building. The Village citizens decided they wanted to keep the old Village Hall with its opera house and extensively improve it.

After the election, the Village Board decided to move forward on extensive renovations of Village Hall. No petition was submitted against it.

The Village Hall and Opera House were saved by the vote of its residents.

Sam Drayo Jr., former attorney for the village, is a Fredonia resident.