After the alleged name calling, a key issue in the latest legal filing from the attorney representing the Cleere and Collins families against Frost Ridge is the alleged violation of the state's open meeting law by Le Roy's Zoning Board of Appeals.
The plaintiffs allege:
- Neighbors within 250 feet of the Frost Ridge property were not mailed notice of the Dec. 17 public hearing held by the ZBA on the interpretation of the zoning law and prior, non-conforming use at Frost Ridge;
- That the ZBA did not deliberate its decision in public;
- That no noticed public meetings were held between Dec. 17 and Feb. 17;
- That a decision was reached without the public present sometime between Dec. 17 and Feb. 17.
These complaints are mirrored by the filing for the Feb. 17 meeting where the ZBA announced its decision; the meeting wasn't even four minutes long.
James Wujcik represents the ZBA in these proceedings and he filed a memorandum of law in opposition to the plaintiffs' complaint.
He also submitted an affidavit by Debbi Jackett, chairwoman at the time of the ZBA, which has since been disbanded by the Town of Le Roy.
She states the hearing of Dec. 17, at the order of Judge Mark Grisanti, was held after a legal notice was published. She does not address the complaint, nor does Wujcik in his memorandum, whether notice was sent to neighbors by postal mail.
A source familiar with the case told The Batavian today that notice was mailed.
Jackett argues that proper notice was clearly given because all of the interested parties were at the hearing.
"It is common sense that one's attendance at the public hearing acknowledges notice of that very hearing," Jackett wrote. "Any insinuation that plaintiffs could not be in attendance is another attempt to delay the ZBA from acting pursuant to the order of Judge Grisanti."
Jackett also accused the Town of Le Roy of trying to obstruct the ZBA from holding the hearing. She said the code enforcement officer was informed in October that the ZBA would no longer be able to conduct meetings at the Town Hall.
As for the hearing itself, Jackett said the ZBA board took a short break and then resumed its meeting in the regular board meeting room "regarding the merits of the case."
This was apparently considered a continuation of the prior noticed meeting, though it's not clear if any members of the public were invited into that meeting.
Mindy Zoghlin, attorney for the plaintiffs, clearly did not know about this meeting continuance based on the statements in her filing.
The Batavian's reporter at the meeting that night was Ray Coniglio and he said today that he wasn't informed that the meeting would be continuing in another room. He left the Town Hall and wrote a story published the next day that said the meeting concluded without any discussion by the ZBA and that no vote was taken that night. Nobody from the ZBA ever contacted The Batavian following this news report to inform us that this information was incorrect and ask for a correction.
Jackett further argues that the Town's ongoing obstruction of the ZBA, such as not filling vacant positions, contributed to any confusion about compliance with the open meeting law.
"Even if a skeptic held merit with any claim against the ZBA for violations of the Open Meetings Law, the behavior can be traced directly to the Town's illegal, obstructionist behavior with the ZBA," Jackett wrote.
In his memo, Wujcik argues that it is certainly within the ZBA's right to continue its meeting upon closing the public hearing, but he doesn't address the fact that the meeting was moved to another room without notification of the public in attendance.
"The ZBA correctly deliberated during its Dec. 17 meeting," Wujcik states, adding, "It should be duly noted the ZBA rendered its decision at an open public meeting on Feb. 17."
He also accused the Town of deliberating trying to disrupt ZBA proceedings and called on the court to find the Town of Le Roy in contempt of court, pursuit to the order of Grisanti.
It's unclear what will happen if Acting Superior Court Judge Emilio Colaiacovo rules in favor of the plaintiffs on the open meetings law issue. The ZBA that has been at the center of this issue for the past several years not longer exists. It was a ZBA comprised of representatives from the town and the village, and now the town and the village each have their own ZBA.
One last note about the open meeting law: The law also requires public bodies to notify all local media of its public meetings, and with the exception of the City, County and GCEDC, this practice is largely ignored by every other local public agency and government.
