I think Mr. Keady misses the point. He should be clearly aware that there is an
apperance of impropriety for him to attend these meetings. Clearly, the mayor
and other council members know this, and have not attended the zoning board
meeting. As a city council member, his attendance is inappropriate, even if he
does not speak, because of the fact that the zoning board is supposed to be
independent and not influenced by politics. I have personally observed him
strategizing with those people who are in support of the mission, as well as
the director and staff of the mission. I have attended all the zoning board
meetings, and Mr. Keady is anything but discreet. At the last meeting he stood
up in the middle of testimony, to take his chair and move it to the other side
of the room, so that the entire board could see him. Keady knows as a
politician, that if there is an apperance of impropriety, it should be avoided.
He should take the lead of the mayor and other city council members an act
appropriately.
Frank Farrell
920 Monroe Avenue
----- Original Message -----
From: James Keady
To: AsburyPark@yahoogroups.com
Sent: Friday, March 23, 2007 1:59 PM
Subject: [AsburyPark] Correcting Mr. Vail's comments
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
