Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

All Good

GADFLIES CHALLENGE YMCA SETTLEMENT

bill-meyerThe Red Bank council took heat over the deal from lawyer Bill Meyer. (Photo by Dustin Racioppi; click to enlarge)

By DUSTIN RACIOPPI

Red Bank’s litigation with the Community YMCA is near an end, but Mayor Pasquale thinks borough officials may not be finished making trips to Superior Court in Freehold.

After a three-hour meeting that included nearly two hours of grilling by local watchdogs, the council passed a resolution approving a settlement that allows the nonprofit to sell the former borough police state at 51 Monmouth Street to its neighbor, St. James RC Church/Red Bank Catholic High School. The settlement puts to rest the second of two suits that had pitted the Y against the borough.

But comments from the public suggest Red Bank may be in for more legal work.

“I think there’s going to be a challenge to our action,” Menna told redbankgreen afterward.

Gadflies Bill Meyer, a Monmouth Street lawyer who has sued or been involved in litigation against the borough in the past, and Steve Fitzpatrick dominated the council meeting for nearly two hours, “cross-examining” special borough attorney John Bonello, as Bonello put, and the council, referencing numerous statutes and ordinances touched on by the lawsuit.

Under the terms of the settlement, the borough would pay $125,000 over the next five years to the Y for renovations made to a building annex that is home to the Relief Engine Company firehouse, but would hold a lease on the house and war memorial for 99 years — “a deal,” borough Administrator Stanley Sickels said.

But Meyer and Fitzpatrick argue that the 2000 sale of the old borough hall and police headquarters to the non-profit Kidsbridge, which was later absorbed by the YMCA, was “appalling” and contrary to state statute from the start. They also said former mayor Ed McKenna had a conflict of interest in the sale, as he was a principal in the non-profit at the time of the sale, although McKenna later said he had recused himself from any discussions involving the transaction. The council backed that up on Monday night.

After reading from a tome of legal documents, Fitzpatrick signaled that the borough’s settlement could face future challenges. He argued that the sale to RBC, as a religious institution, could be in violation of state statute.

“Are we entering an area that maybe we should be careful about? Are we co-habitating both a public use and a religious use on the same piece of property, and would that withstand any legal challenges under both the state and federal constitution?” Fitzpatrick said. “If a third party brought an action here stating that what you’re about to do would be permissible, would be allowed, would the borough be able to survive a lawsuit?”

Considering that the settlement was reviewed and approved by Superior Court Judge Thomas Cavanagh, Bonello said the borough dotted all its i’s and crossed all its t’s in the case, although he admitted that including a reverter clause in the initial sale of the property could have saved the borough the headache of the present lawsuit.

Bonello said the reverter clause was assumed in the deal, being it was part of state statute, but “it would have been prudent to put that in there.”

At the time of the sale to Kidsbridge, Red Bank didn’t have the money or want to rehabilitate the dilapidated building, so in an effort to retain its historic status and nature, sold it to the non-profit for a dollar, Sickels said. The Y later absorbed Kidsbridge and made significant renovations to the building, but then made a move to sell in 2008, which triggered the legal flurry that culminated Monday night.

Sickels said the settlement that was approved Monday was the best option for the borough considering the Y had saddled Red Bank with more than $600,000 in agreed-upon renovations to the firehouse. The borough fought the cost of the renovations, and Cavanagh declared that the $125,000 payout to the Y was a fair amount.

The borough comes out on top, Sickels said.

“It was all done before the supervision of the court,” he said. “So what the council did was approving what has already been reviewed and approved by a Superior Court judge.”

Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
“That should be on Red Bank Green!”

If you've ever thought that, join the 25 readers who've signed up to post their own stories on Red Bank Green.

Become a Partyliner
Partyline
PIANO TRASHED
Left out to take at 83 River Street. Property owner is a touring musician. Studio and home. (Photo and text by Partyline contributor Chris H ...
FALL COLORS IN RED BANK
redbankgreen's Partyline captures peaking fall foliage on a Red Bank street corner.
FALL AT THE COURTS OF RED BANK
On the Partyline: stunning foliage at Red Bank's "medieval office park."
WALK FOR DEMOCRACY
The T. Thomas Fortune Cultural Center led a "Walk for Democracy" Sunday from Riverside Gardens Park to the cultral center on Drs. James Park ...
Go big or go home
On the redbankgreen Partyline: Gourd display at Lighthouse on its penultimate night of the season.
MARIGOLDEN SUNSHINE
Partyline photo captures October sunshine hitting marigolds for sale ahead of Dia de Los Muertos.
KENNY KATZGRAU TEACHES CODING TO MAGAZINE PUBLISHERS
Kenny Katzgrau, publisher of Red Bank Green and creator of Broad Street, was teaching City and Regional Magazine Association publishers how ...
LET’S SEE YOUR KINDLE DO THIS
A stack of books served as a chock while a motorist changed a flat tire on Branch Avenue Wednesday afternoon. Submitted by John T. Ward 20th ...
NEW WELCOME SIGN INSTALLED
A new "Welcome to Red Bank" sign has gone up at the northern Route 35 entrance to town at the foot of Cooper's Bridge.
JUNIOR BUCS WRESTLING WELCOMES YOUNG ATHLETES FOR 22ND SEASON
Junior Bucs Wrestling is preparing for its 22nd season, offering boys and girls from Red Bank, Shrewsbury, and Little Silver an opportunity ...
TIME FOR SCHOOL, DEER
Fall has arrived and so have the middle school loving deer!
JUST IN TIME FOR THE FALL CLASSIC
Just in time for the start of the World Series later this week baseball-themed paintings by artist Max Maxon hang in the windows of the Art ...
DINNER PLANS?
Chipotle in Red Bank Sunday evening will donate a quarter of proceeds from sales Sunday to the volunteer Red Bank Fire Department auxiliary.
KENNY KATZGRAU TEACHES VIBE CODE SESSION AT LOCAL NEWS CAMP
Kenny Katzgrau, publisher of Red Bank Green, is running a vibe code session, teaching other publishers to vibe code at Blue Engine Collectiv ...
Her Majesty visits Red Bank
Navesink Queen docked at the Molly Pitcher Marina. (Photo and text by Partyline contributor Boris Kofman)   20th Anniversary Become a G ...
RED BANK DINER MONEY TREE
On the redbankgreen Partyline: sunshine and a money tree at the Red Bank Diner.
NAVESINK LIGHTS
Riverview Hospital lights up the Navesink. (Text and photo by Partyline contributor Terry Franco)   20th Anniversary Become a Guardian ...
HALF BAKED BROAD STREET
Broad Street repaving begins with road subject to overnight closures.
COLOR RUN AT RED BANK PRIMARY SCHOOL
redbankgreen Partyline happens upon a cloud of color at annual color run event at Red Bank Primary School.
I’LL EAT IT HERE, THANKS
A squirrel goes all-in for a popular autumn flavor on Madison Avenue in Red Bank Sunday morning.
Become a Guardian of the Green Help us get to our first 100 Guardians · joined by Patti Baxter and 13 others
Become a Guardian