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Use your browsers BACK button to return. Preble Post Gazette Editorial Is the Preble Town Board breaking the law? For most of the summer rumors have been flying that the Preble Town Board was going to remove some of the ZBA (Zoning Board of Appeals) members. A few days ago I got a call from someone asking about the agenda of the special Town Board meeting held on August 21st. They wanted to know if the subject of reducing the ZBA had come up at that meeting. I was there before the meeting started until after it adjourned and nothing was said about it. I also checked with someone else who was at the regularly scheduled Town Board meeting the week before and it was not brought up then either. This rumor is looking like it has legs. The first sighting of this rumor was early this summer when someone noticed that the listing of Town officials posted at the Town Hall left off the name of Barb Frier. The rumor was bolstered when someone else noticed that her name was also missing from her drop box at the Town Hall. Both of these were explained as oversights. At the time I discounted the idea that the town board would try to remove ZBA members. Why, you ask?
A look at NYS Town Law 271 (9) will show that the Town Board has to have a public hearing when it changes the number of board members. They never did this when they changed the Planning Board and legally it is still a 7-member board. It would be interesting if all of the votes taken by the Planning Board were illegal for that reason. Check the Preble town laws. Use your browsers BACK button to return here. One of the questions that comes up from time to time is where the Town Board stands on the Flying J issue. I've asked the Town Board this question and they claim to be neutral. However when they did not want the gravel pit or the Agway plant they were vocally against it, so their silence can only be explained as their support for Flying J. If they did try to kick certain members off the ZBA it would only be to influence the vote. Even if this were unsuccessful, it would be a message to the rest of the ZBA members to toe the Town Board 's line. Who would be the most likely to be kicked off? Frier comes to mind because of the rumor and because of her vote against the Song Mountain well. Both Carl Grillo and Kathy Kinne voted against the well so they would be targets too. BUT, perhaps more importantly, both Frier and Kinne were targeted by Rich Shafer in the Flying J issue. Shafer wanted both removed from the ZBA on bogus charges. It appears that Shafer may have some power over the Town Board, so my guess is that Frier and Kinne are targets, with Grillo a possible third. If any two of them were off the ZBA, then the Song well vote would have been 4-1 instead of 4-3 and a more decisive win for the Town Board. Another reason is the Flying J buffer vote coming up. Last time the buffer vote was a very decisive vote to uphold the town law. If the Town Board kicks off or even threatens to kick off two ZBA members, the next buffer vote will be interesting. Why you ask? Well if any ZBA members were to change their vote, then you would know they did so because of fear and pressure from the Town Board. I'll post the results of that vote here. That aside the question remains Is the Town Board breaking the law? If they are trying to remove ZBA members without proper procedure, then the answer is yes. We will have to wait to see if there is anything to the rumors. The next ZBA meeting on Thursday 9/7/2000 at 7:30 PM should be interesting to say the least. The rumors will either be dispelled or confirmed. This is one meeting I am not going to miss. Frank Hogg 8/31/2000 |