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.

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.”

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
RBG CUB SIGHTING
A Partyline contributor positioned on the dais at Thursday's meeting of the Zoning Board of Adjustment captured redbankgreen reporter intern ...
DOWNPOUR STRAINS DRAIN
Partyline captures video of a flooded intersection during Tuesday's afternoon thunderstorm.
STILL ‘OPEN’ SPACE
Next to Fins and Feathers, very surprised to see an overgrown parking lot that still sits there…overgrown and with blacktop. (Photo and te ...
DARK COMEDY BY JERSEY DIRECTOR OPENS FILM FEST
Indie Street Film Festival kicks off with "In Memoriam," a dark comedy about an actor with six months to live.
Indie Street Film Festival Kicks Off
Indie Street Film Festival kicks off.
KUDOS FOR RBCS FINANCE WHIZZES
Monmouth County Board of Commissioners and Borough Council honor Red Bank Charter School students who took second place in a national financ ...
MARINE PARK HOT DOGS
Red Bank's newly remade Marine Park also has a new lunch option, a newly licensed hot dog cart.
MATCHA CLOSE UP
Partyline captures a photographer working for Aura Coffee Roaster angles for the perfect shot of two iced matcha lattes on Broad Street Mond ...
SOUTH STREET AUTHOR TO READ AT LIBRARY SATURDAY
South Street resident Scott Robertson will read selections from his book, Contents of a Curious Mind, Saturday, Aug. 8, from 11:30 a.m. to 1 ...
EARTH SPIRIT FOUNDER DIES
Jocelyn Ruth Midose, longtime owner of Earth Spirit New Age Center has died.
A PERFECT NATIONAL NIGHT OUT
The annual National Night Out event organized by the Red Bank Police Department drew hundreds to frolic amid the green grass and cotton cand ...
Blackhawk Helicopter Arrives for National Night Out
The Blackhawk helicopter has arrived. Everyone’s favorite part of each National Night Out hosted by the Red Bank Police Department jus ...
PARKING METER MOMENT
Patty Bishop of Verona was halfway through her haircut at Fox & Jane when she realized she needed to feed the parking meter. After she p ...
JOIN US AT JJ’S – PLEASE!
A doe-eyed sect of sentient boba teas sweetly beseeches us to join their adorable cult outside of JJ Delicacies this sticky August Sunday!
NEIGHBORS GATHER AT TINO’S
Chris Havens of River Street gathered group of Red Bankers for dinner on Thursday night. The gathering was in the back patio of Tino’s Mex ...
TREE BRANCH VS CAR
A tree branch fell on a parked car on Chestnut Street near Pearl Street Sunday. Submitted by Brian Donohue Follow Red Bank Green on Instagra ...
APOSTROPHE CATASTROPHE
As a curmudgeonly curator of terrible punctuation on public signs, I’ve seen and shaken my head at a lot of gratuitous quotation marks ...
DANE FOR DEMOCRACY
redbankgreen Partyline captures a great dane who, all signs indicate, has had enough.
SUNFLOWER GAUNTLET
On the Partyline: a sunflower guantlet on River Street.
VIGIL FOR 68 DEAD
About 100 people attended a Saturday vigil at Johnny Jazz Park in Red Bank as part of a nationwide series of events to mourn the lives of pe ...