1650 Oak Street LLC, represented by Attorney Rob Shea Esq. is doing all in their power to halt Lake Terrace's operation.
Just last week, Mr. Shea slammed the Zoning Board with a lawsuit alleging that all of their meetings this year (including an initial hearing on Lake Terrace's Use Variance appeal) failed to comply with the New Jersey Open Public Meetings Act (OPMA) and therefore all actions taken at their meetings should be null and void.
In response, Board Chairman Abe Halberstam has taken measures to ensure that the Board will now be in compliance with the OPMA.
The Senator Byron M. Baer Open Public Meetings Act "finds and declares that the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process; that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society, and hereby declares it to be the public policy of this State to insure the right of its citizens to have adequate advance notice of and the right to attend all meetings of public bodies at which any business affecting the public is discussed or acted upon in any way..."
The New Jersey Open Public Meetings Act (NJSA 10:4-7 & 8) provides "the right of its citizens to have adequate advance notice of and the right to attend all meetings of public bodies at which any business affecting the public is discussed." "Adequate notice" means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting... which shall be... delivered to at least two newspapers... designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings...
As previously reported here on FAA News, last week, Mr. Shea filed a lawsuit alleging that all of the Zoning Board's meetings this year failed to comply with the OPMA and therefore all actions taken at their meetings should be null and void.
The third count of the lawsuit alleges that the Board failed to recite the Statutory language required by the OPMA.
The OPMA (10:4-10) has a very specific requirement for the statement regarding compliance with adequate notice.
At the commencement of every meeting of a public body the person presiding shall announce publicly, and shall cause to be entered in the minutes of the meeting, an accurate statement to the effect:
a. that adequate notice of the meeting has been provided, specifying the time, place, and manner in which such notice was provided...
For many years, at the start of each meeting, Board Chairman Abe Halberstam has opened the meeting by saying: Good evening Ladies and Gentlemen. I'd like to call tonight's meeting to order. Tonight's meeting has been advertised in accordance with the New Jersey Sunshine Law. Madam Secretary roll call please?"
This opening statement fails to comply with the above provision of the OPMA, and it is one of the reasons why the lawsuit seeks an order finding that all actions taken at the January 9, February 6, and May 1, 2023 hearings are null and void.
The suit further seeks attorney's fees and costs of suit and any other such relief as the Court deems equitable and just.
The Board has not yet responded - in court - to the lawsuit.
However, the Board has already responded in the Board room, as Chairman Halberstam opened the recent meeting with the correct Statutorily required opening statement!
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