The Quandary of the Quorum

In its decision to visit the site for the proposed development of 18 homes on 36 steep acres of mountain property once owned by John Wemple on Foothill Road, the Bridgewater Township Planning Board made a wise choice. 

Planning Board Attorney Thomas Collins and

Board President Joanne Kane witness questioning

 of engineer James Mantz by attorney for Stop-18-Homes,

 Jeffrey Brookner. (Bergeron Image.)

But in declining to do so with at least five members of the Planning Board present, it made a very unwise decision – one which is contrary to the best interests of Bridgewater residents and which blurs the window of transparency in governance.

Under New Jersey’s “Sunshine Law,” if a public body has at least a majority of its members at any one place at any one time, there is a quorum, and the event is considered a public meeting.  As a result, the public must be notified in advance and it cannot be denied admittance.

Largely at the prodding of Mr. Jeffrey Brookner, the attorney for Stop 18 Homes, the Planning Board discussed inspecting the site bounded by Foothill, Twin Oaks, and Steele Gap Roads.

 
At the meeting on July 10^th at which this decision was made, Mr. Brookner had opined as to how the Planning Board could possibly make a judgment without at least viewing the site first, since so many questions have been raised about what now appears to be worrisome and, in the minds of at least 50 people in attendance at the meeting, very troublesome questions about the environmental impact of this proposed development.

Counsel for Mr. Lang (facing camera) explains an

aspect of the site plan to his client. (Bergeron Image.)

But here’s the rub:  Planning Board members are not scheduled to go as a group of at least five.  That means no quorum.  That means no legally binding public meeting under the “Sunshine Law.”  That also means you can’t also be there when the Board gathers at the site on Monday, July 16^th. 

Furthermore, an environmental expert acting on behalf of Stop 18 Homes could not inspect that site and subsequently issue an informed report, because no one is permitted on these grounds without the permission of the applicant, Lang LLC.

Hold on though:  It didn’t have to be that way.  On July 10^th, Planning Board attorney, Mr. Thomas Collins explained more than once that a quorum of five Board Members visiting the site together would have constituted a public meeting. 

That, in essence, would have trumped Lang LLC’s ability to deny access to the public, including the media and anyone else, even council for “Stop 18 Homes.”

Ms. Joanne Kane, Chairperson of the Bridgewater Township Planning Board, chose to visit the site on July 18^th instead of with the rest of the group on Monday, the 16^th. 

Her decision to do so, whatever the reason, effectively resulted in a pocket veto of the public’s best interests.

The Planning Board will convene again on this topic Monday, July 23^rd.
 
(Click on any image for an enhanced view.)