Ladies and Gentlemen:
I am writing to correct for the record statements recently posted by Mr. Paul Vail regarding the March 20, 2007 Zoning Board Meeting. Mr. Vail wrote: "Sadly, Councilman Keady once again was present at this zoning board hearing against the advice of the city attorney." I am not sure where Mr. Vail is getting his information from, but to be sure that each of you has the facts, I have included below an email exchange between myself and the City Attorney that I had today to clarify this matter. March 23, 2007 Mr. Raffetto, In a February 9th email communication you advised the Governing Body regarding their attendance at the Zoning Board hearings dealing with the Jersey Shore Rescue Mission. Based on your communication I was under the assumption that City Council Members could attend the hearings, but they simply could not and should not participate (i.e. give testimony, cross examine witnesses or ask questions of Board members.) At each of the Zoning Board meetings on this matter I took your advice and simply observed. To date, four citizens have questioned me on this matter and whether my attendance was in fact allowed. My concern is that if four citizens were willing to approach me, there may be others that are unsure about the facts on this matter. For the record, can you please answer the following: 1. Did I interpret your February 9th communication correctly, that City Council Members can attend these hearings but they simply could not and should not participate (i.e. give testimony, cross examine witnesses or ask questions of Board members.)? 2. Can you confirm that I placed a telephone call to you on February 13th to further ensure legal clarity on this matter? 3. Can you confirm that in your voicemail recording that you left me in response to my call on February 13th that you stated that I could attend the Zoning Board meeting and observe and that I should simply not participate? 4. Can you confirm that immediately following the February 13th Zoning Board meeting, we spoke on the telephone and I again confirmed with you that my attendance at the meeting was not problematic? 5. Finally, can you please place a telephone call and/or email Mr. Serpico, the Zoning Board attorney, and ask him to officially confirm whether or not I actively participated in either the February 13th or March 20th Zoning Board hearings on the Jersey Shore Rescue Mission and whether or not, in his legal opinion, my attendance at these meetings as a silent observer is in any way legally problematic? Thank you in advance for your attention to this matter. I look forward to hearing back from you. Peace, JWK March 23, 2007 Councilman Keady, In response to the questions that you have posed in your e-mail of earlier today regarding the recent hearings before the Zoning Board of Adjustment on the Market Street Mission project, I can confirm the following: 1. Yes, I did provide legal advice to all of the Governing Body members through an e-mail correspondence of Feb. 9, 2007, and yes, you did interpret my legal advice correctly. 2. Yes, I can confirm your telephone call to me of Feb. 13th, regarding this matter, as set forth in # 2. 3. Yes, I can confirm your statement set forth in # 3. 4. Yes, I can confirm your statement set forth in # 4. 5. In response to your request, I have just spoken to Mr. Serpico on the telephone, and he has confirmed that you did not make any public statements or otherwise actively participate in the hearings that took place on February 13th or March 20th. Neither Mr. Serpico nor I have any problem with your attending the meetings, as a silent observer only, to merely witness the proceedings, like any other member of the public. I hope the above sufficiently responds to your inquiries. Should you require anything further, please do not hesitate to contact me. Thank you, Frederick C. Raffetto, Esq. Mr. Vail also wrote: "The councilman placed himself squarely among the Mission Supporters, two of whom had to be evicted from council chambers during the proceedings." For the majority of the meeting I sat on the right side of the City Council Chambers next to Mr. Tom Pivinski, an Asbury Park resident and business owner and someone I consider a friend. To my knowledge, Mr. Pivinski has not taken a public position on this matter. As for those who were evicted from the meeting, Mr. Vail is referring to Mr. Mitchell Briggs and his two children (one and four years of age). Mr. Briggs, who I also consider a friend, was asked by the Board Chair if he could ask his one-year-old to be quiet (the child was making noise). Mr. Briggs was not happy with the request from the Chair and he expressed that vocally. He did eventually leave the chamber with his children after the Chair asked for his removal by the AP Police Officer in attendance. While Mr. Briggs was gathering his things I offered to hold his one-year-old for him and to watch his children outside if he wished to remain in the Chamber. I imagine that some of you may want to know why I have attended these Zoning Board Meetings. That is a fair question. Here is my answer. At some point, this matter may come before the governing body for final judgment. Given the fact that this issue is clearly very sensitive and there are passionate opinions on each side, I felt/feel it to be my responsibility to hear the testimony and board comments first hand, rather than just reading the transcripts of the hearings. As I am sure all of you would agree, much can be lost in a transcript in terms of inflection and context. Finally, while some citizens may not agree with the position I have taken on this matter, I hope that each of you can appreciate my desire to have the facts, to be as informed as I can, and to openly and honestly share with you my thoughts and feelings. I hope this information is helpful. Peace, JWK Councilman James W. Keady 1 Municipal Plaza Asbury Park, NJ 07712 TEL: 732.502.5196 EM: [EMAIL PROTECTED] www.cityofasburypark.com
