Council removes uncertified Planning Board member

By SHAUN SMITH
Staff Writer

SOMERS POINT – City Council’s recent scrutiny of the Planning Board has resulted in the removal of board member Adrian Koliba for failure to complete his certification training.

Koliba was removed from the board at the City Council meeting Sept. 11. He can be reinstated after he completes the training, according to the city solicitor.

State law requires current and prospective members and alternates to take five hours of training through a basic course in land use law and planning by Jan. 17, 2008 or within 18 months of assuming board membership. Board members who haven’t completed the training are to be removed by the next regular public meeting.

Koliba became a member of the city Planning Board Jan. 6, 2006 and the city paid $59 for him to attend the certification course on Feb. 17, 2007.

Council President Francis Cosgrove said Koliba’s name was not on the city’s list of residents who had completed the mandated training. No documentation of completion was provided by the time the council meeting began, so Cosgrove asked for a motion to waive the 48-hour rule so a late resolution to remove him could be added to the agenda. The 48-hour rule requires the governing body to give 48 hours notice of any meeting and the complete agenda.

The resolution was met with opposition from Councilman Sean McGuigan.

“If this only came to light only 24 hours ago; why are we acting on it now?” McGuigan asked.

Cosgrove responded by reading from the state law saying that the council must act at the next regular public
meeting.

City Solicitor Damen Tyner said there were two ways to view the issue.

“One could look at it and say ‘We’re talking about 24-hours.’ But in fact, this individual hasn’t complied in 15 months; he had 18 months from 2006, 2007 and here we are in September 2008, so actually we should have taken this action 15 months ago,” Tyner said.

“The law is very clear that it is mandatory language that individual should be removed at the next meeting, and here we are at this meeting. My concern is that with the reputation of the city and the board we should not allow this individual to continue in light of these circumstances. However, the law is very clear; if he provides documentation or completes the training, the mayor can reappoint him to the planning board.”

The resolution to remove Koliba passed 5-1 with McGuigan voting against and Carl D’Adamo, John DiMaria, Bobby Donovan, David Parker and Cosgrove all voting in favor.

During the public portion of the meeting, Planning Board Chairman Brian Cotton spoke on behalf of the board in response to what he said was a direct attack against the board.

“I too would like applaud you gentlemen on the job you have done. I don’t think I’ve seen any government agency move so swiftly on information that supposedly came to light yesterday afternoon,” Cotton said.

Cotton questioned whether Cosgrove researched the state agency requirements.

“The burden of proof falls on the individual, not me.” Cosgrove said. “And you, sir. As chairman you should make sure the members of your board have the required training, so you are at fault, too.”

Cotton said that, as a member of the board volunteering his time for about six years, Koliba deserves more than a few hours’ notice “to respond to a question about whether he attended some required training.”

Cotton said he called Koliba but didn’t call the New Jersey Planning Office.

“We’re sitting on the edges of our seats. Did he, or didn’t he? I can’t take the suspense anymore,” Councilman David Parker said.

“Mr. Parker, if I had that information I would love to give it to you this evening,” Cotton said. “I never said I spoke to him, I only said I made a call.”

Cosgrove took the opportunity to give Cotton a taste of his own medicine.

“I can quote the chairman of the Planning Board from the meeting of Aug. 20,” Cosgrove said: “‘Your point has been taken. Next.’”

Parker had one last comment for Cotton.

“Mr. Cotton, isn’t it nice as a citizen or as the chairman of the Planning Board to have the opportunity to come up to the microphone and speak to a board or a council in this city?” Parker asked.

“Yeah, it is. They are afforded the same opportunity at a planning board meeting,” Cotton responded, drawing jeers from the public.

“Isn’t it nice to come up and talk about any topic on your mind such as this one we’re talking about?” Parker asked. “Isn’t it nice when you come up to be treated with respect and not to be ridiculed or laughed at?”

“Yes it is,” Cotton replied, to cheers by the crowd.

Planning Board Vice Chairman Greg Sykora said Monday, Sept. 15 that Koliba’s removal is political. It was at Sykora’s Planning Board hearing for an expansion and a cell phone tower at his ERCO/Sure Storage that residents say Cotton cut them off and treated them with disrespect.

“I’ve worked with Adrian Koliba for many years, and he has more years in planning and construction than the whole board combined,” Sykora said.

“It’s a shame it’s politics before city; it should be city before politics.”

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