State judge says resolution violated Open Meetings Law
The Daily Mail
Jan. 8, 2009

State Supreme Court Judge Joseph Teresi ruled Wednesday that a resolution adopted in the Town of Cairo last fall did not comply with the state’s Open Meetings Law.

The decision requires the board to review the site plan and to take another vote.

“Because the defendants’ September 3 Resolution was not issued in compliance with the Open Meeting Law or Town Law 271(16) and 274-a, the Sept. 3 Resolution is annulled,” the ruling reads according to a press release issued by Tom Roe, free103point9 program manager.

The September vote denied an application from free103point9 for their Wave Farm “Study Center” in Acra, which will include a studio for a community radio station, living areas for summer resident artists and space for outdoor performances.

“Upon reconsideration, the board will utilize the Town of Cairo Local Law 1 of the year 2006, to review the plaintiff’s site plan application, and an affirmative vote is required to approve or deny the plaintiff’s application,” Tal Rappleyea, who represents the town and planning boards, read from the decision at a Planning Board meeting Wednesday.

According to the decision, the board has to vote on the project in a timely manner.

Rappleyea called the ruling “sort of a split decision,” saying that the decision did not rule against the Town of Cairo and the Planning Board for all items in the lawsuit.

Rappleyea said that the decision held that one part of the lawsuit, alleging that the board violated the civil rights of free103point9 by not making their decision under the new law, was not applicable, because the law had not gone into effect at the time of the vote.

Rappleyea told the planning board that the court said that it was too early to make a determination on whether the board had violated the civil rights of free103point9 for not approving the plan.

The decision will not become binding until the attorneys for free103point9 file it with the Greene County Clerk’s office.

Roe said he expected that the ruling would be filed very soon so that plan review can resume.

“This project has been delayed and delayed and delayed by the town already,” Roe said.

Rappleyea said that the file has been fully submitted to the board along with comments on the plan.

Planning Board Chairman Peter Maassmann told the board that no further public hearings concerning the project would be held and no new materials would be accepted.

Planning board member Daniel Benoit suggested that the board have a special meeting to discuss the plan. Maassmann said that such a meeting could be in order if board members felt one was needed after they reviewed the file individually.

“I trust the Planning Board to respect the court’s decision and review the project under the old site law,” Cairo Town Supervisor John Coyne said.

Free103point3 is a non-profit arts group that received a Federal Communications Commission license for a 3,300-watt non-commercial FM radio station on 90.7 in Columbia and Greene counties this fall. The station will air shows with a local focus that are produced by members of the community.

“I am looking forward to working with town officials in the future, and hope that, moving forward, this project is reviewed in a manner appropriate to its small-scale and community-oriented mission,” Executive Director Galen Joseph-Hunter said in the release.