Summary:
This was an OPRA to get information on when the information pertaining to the April 22, 2021 and March 25, 2021 Land Use Board/Planning Board meetings were published and copies of what whas published.
The net result of the OPRA is that no special publications for these meetings were required. The meetings are published at the beginning of the year, and all the meeting dates are published in one notice/advertisement. Unless there is a special meeting that is not on one of the dates of the original beginning of the year notification, or there is potential change to the Master Plan, no special publication is required.
OPRA Request and Resulting Email Thread:
Emails below:
Thu, Apr 26, 2021 at 3:01 PM: (I believe time was wrong on Vicki Kleiner's computer or she responded from a different time zone)
The original email response to the OPRA request, from Vicki Kleiner, the Town Clerk, indicated there were no responsive documents to the OPRA. This indicated that there were no published notifications regarding anything to do with the March or April 2021 Planning Board Meetings.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/ResponseToListOfNotificatiojnForRezoneDistrict5.pdf
What was returned on the email directly above was the header page of the OPRA submitted. There was a page showing the receipt for the publications of the meetings for the year 2021. A third page showed is a copy of what was posted in the Express Times - a list of all meetings for all meetings at the beginning of the year.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/doc01940620210426103426.pdf
Mon, Apr 26, 2021 at 12:49 PM
David Morrisette emailed Theresa Chapman and said he thought the response to the publications were not adequate for the meeting. This email is Theresa Chapman's response that "we need the specific published notification of the April meeting and the March meeting."
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/TheresasResponseToListOfNotificatiojnForRezoneDistrict5.pdf
Mon, Apr 26, 2021 at 1:23 PM
David Morrisette emailed Vicki Kleiner a second time stating that he was looking for specific published notification as it relates to the March and April 2021 Land Use Board/Planning Board meetings.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/MySecondEmailToVickiBasedOnTheresasResponseToListOfNotificatiojnForRezoneDistrict5.pdf
Mon, Apr 26, 2021 at 1:37 PM
Land Use Board Attorney Scott Wilhelm responded that the beginning of the year publication of all the meetings is enough to cover the March and April meetings.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/ScottWilhelmsResponseForNotificationForRezoningDistrict5.pdf
Mon, Apr 26, 2021 at 2:03 PMe
Kent Corcoran responds to a continuing email thread that Teresa Chapman and David Morrisette have in response to Attorney Scott Wilhem's response. Kent Corcoran indicates that the annual publication of the meetings was adequate for the actions that were taken at the March and April 2021 meetings.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/KentCorcoranResponse01ForNotificationForRezoningDistrict5.pdf
Mon, Apr 26, 2021 at 2:11 PM
Kent Corcoran responds to my direct question as to whether the town's response to the OPRA is sufficient. Kent says "yes" the town's response is sufficient, and "Only a special or rescheduled meeting needs a special advertisement."
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/KentCorcoranResponse02ForNotificationForRezoningDistrict5.pdf
Mon, Apr 26, 2021 at 2:34 PM
Kent Corcoran follows up his his last email. Kent mentions that the Land Use Board/Planning Board decided that the change was consistent with the master plan. Because it is consistent with the Master Plan, it is not a Master Plan change. Kent provided information from Universal Citation: NJ Rev Stat § 40:55D-13 (2013) - which mentions if the Master Plan changes publication must be given - but the rezoning of District 5 was not a change to the Master Plan so no additional publication or notice was required.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/KentCorcoranResponse03ForNotificationForRezoningDistrict5.pdf
Mon, Apr 26, 2021 at 2:38 PM
fFinal email in thread. Theresa followed up to Kent Corcoran's last email and believes there is still possibly a violation and indicates we need an attorney.
https://phillipsburg.nowarehouse.org/documents/OPRAs/PublishedNotificationForApril222021andMarch252021Meetings/TheresaResponseToKentCorcoranResponse03ForNotificationForRezoningDistrict5.pdf