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Ogdensburg delays progress of Fort la Presentation's trail on attorney's advice; puts $350,000 grant at risk, association says

Posted 6/23/15

By JIMMY LAWTON OGDENSBURG – Ogdensburg City Council delayed action on a resolution that would allow Fort la Presentation to act on a $350,000 grant to establish a public trail around Lighthouse …

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Ogdensburg delays progress of Fort la Presentation's trail on attorney's advice; puts $350,000 grant at risk, association says

Posted

By JIMMY LAWTON

OGDENSBURG – Ogdensburg City Council delayed action on a resolution that would allow Fort la Presentation to act on a $350,000 grant to establish a public trail around Lighthouse Point.

Barbara O’Keefe said failure to act on the grant could cost the fort not only the $350,000 grant, but would likely ruin any future grant opportunities for the association as well.

The grant was submitted by city council on behalf of the fort association in 2013, but city councilors Monday had reservations after some council members discovered they would need to relinquish titles to paper streets that exist on property owned by the fort.

Deputy Mayor Michael Morley and councilor Daniel Skamperle said they supported the project, but did not want to lose existing roadways on Jackson Street, Albany Ave. or Brown Street that anglers may use for river access.

O’Keefe said the proposed trail would be linked to the Maple City Trail and would remain public. She also said anglers would not be impacted by the proposed changes.

Skamperle and Morley also raised concerns regarding the Roethel family’s access to their property, which includes the lighthouse that is located behind the fort association’s property.

O’Keefe and the fort’s attorney Meave Tooher, Tooher & Barone, Albany, said the Roethels would be provided with improved access when the project was complete and would continue to have its existing access until then.

Both Tooher and O’Keefe said they had reached out to the Roethels on multiple occasions. Councilors said the property is owned by Blair Roethel, who was present at the meeting, but did not comment on the matter.

Tooher said the association has attempted to be good neighbor to the city and the Roethels, but was within its legal rights to seek a title action and claim ownership. Tooher offered case law supporting her claim and pointed out that the paper streets on the fort property were never officially and fully dedicated and had been long abandoned and unmaintained.

Tooher said all the association was asking was for the city to clarify that it did not own the paper streets. A debate between Tooher and Skamperle ensued, focused mainly on whether or not the streets had been officially dedicated.

During the meeting the council broke for executive session to discuss the matter with its attorney Andrew Silver.

Following the session, Silver advised the council to delay action and hold a public hearing in a timely matter to offer the public a chance to chime in on the issue. He said the city started the process of dedicating Jackson Street, and while it hadn’t completed the process, it would be prudent to give hold the hearing.

The city agreed to hold the hearing July 13, and issue a letter to the state clarifying its intent to convey the ownership to the fort following the hearing, to show the state the city and the fort were making progress on the issue.