[00:00:01] THE CLOSED SESSION IN THE IN THE IN THE ROOM? YEAH, THAT'S WHAT I FIGURED. YEAH. YEAH. [I.OPENING STATEMENT] 100% NO. THIS. YEAH. OKAY. GREAT. THIS IS THE MONTGOMERY TOWNSHIP ZONING BOARD MEETING. MONTGOMERY TOWNSHIP, SOMERSET COUNTY, NEW JERSEY REGULAR MEETING, AUGUST 27TH, 2026. THE TIME IS 7 P.M. IT'S THE ZONING BOARD'S INTENTION TO CONCLUDE THIS MEETING NO LATER THAN 10 P.M. THE TIME IS NOW SEVEN. UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETING MEETINGS ACT AND PL 2025, SECTION 72 NOTICE IN THE TIME AND PLACE OF THIS MEETING HAS BEEN POSTED IN THE MUNICIPAL BUILDING AND ON THE MUNICIPAL WEBSITE. JUSTIN, CAN YOU CALL THE ROLL, PLEASE? BLODGETT HERE. ROSENTHAL HERE. LOZOVSKY HERE. BRONZE HERE. WALMART HERE. WOOD HERE. SHOT. OF MION. HERE. VALENTI HERE. DROVE BY PHONE. I'M HERE. AND MCMANUS AND FISH AND JARED NOT IN ATTENDANCE. OKAY. WHICH BOARD MEMBERS ARE ABSENT. ABU MUSAB DOSHI AND TRISHA. YES. OKAY. GREAT. OKAY. PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALRIGHT, I WOULD OPEN THE FLOOR TO PUBLIC COMMENT, BUT THERE ARE NONE HERE. ANY BOARD MEMBERS THAT NEED TO MAKE COMMENTS OR ANYTHING. ALRIGHT. AND. I'M [V.CLOSED SESSION – Litigation ] GOING TO READ A RESOLUTION TO GO IN TO CLOSED SESSION BEFORE WE VOTE ON IT. WHEREAS NJSA TEN COLON FOUR TECH ONE TWO THE OPEN PUBLIC MEETINGS ACT AUTHORITIES OF THE OATH AUTHORIZES THIS BOARD TO EXCLUDE THE PUBLIC FROM THE PORTION OF THE MEETING AT WHICH THIS BOARD DISCUSSES CERTAIN MATTERS, WHEREAS THE BOARD IS ABOUT TO DISCUSS SUCH A MATTER, SPECIFICALLY LITIGATION DURING WHICH THE BOARD ATTORNEY WILL BE GIVING LEGAL ADVICE FOLLOWING WHEN THE ATTORNEY WITHIN THE ATTORNEY CLIENT PRIVILEGE AND WHERE CONFIDENTIALITY IS REQUIRED IN ORDER FOR THE BOARD ATTORNEY TO EXERCISE ETHICAL DUTIES AS AN ATTORNEY, WHEREAS, THE BOARD BELIEVES THE PUBLIC SHOULD BE EXCLUDED FROM THE DISCUSSION NOW. THEREFORE, BE IT RESOLVED, THE MONTGOMERY TOWNSHIP BOARD OF ADJUSTMENT ON THIS 27TH DAY OF AUGUST 2026, THAT THE BOARD NOW GO INTO CLOSED SESSION AND THE PUBLIC BE EXCLUDED. BE IT RESOLVED THAT THE MONTGOMERY TOWNSHIP BOARD OF ADJUSTMENT THAT IS ANTICIPATED THAT THE GENERAL SCOPE OF THE DISCUSSION WILL BE DISCLOSED AND INCLUDED IN THE MINUTES OF THE OPEN SESSION OF THE BOARD MEETING, BUT THAT THE SPECIFICS OF THE DISCUSSION, WHICH WILL INVOLVE, INVOLVE AND INCLUDE LEGAL ADVICE, WILL NOT BE DISCLOSED TO THE PUBLIC BECAUSE IT BECAUSE OF THE FACT THAT LEGAL ADVICE WILL FALL INTO THE ATTORNEY CLIENT PRIVILEGE, AND THIS IS TO DISCUSS LITIGATION TITLED FERNANDEZ VERSUS THE TOWNSHIP OF MONTGOMERY. JUSTIN LAUMANN, IN HIS OFFICIAL CAPACITY AS ZONING OFFICER AND THE TOWNSHIP OF MONTGOMERY. ZONING BOARD OF ADJUSTMENT, DOCKET NUMBER SOMLO1104-26. DO I HAVE A MOTION TO GO INTO CLOSED SESSION, SO MOVE. THANK YOU, MISS ROSENTHAL. SECOND, SECOND. THANK YOU, MISS BRUNS. ALL IN FAVOR? I REPEAT, WHO MADE THE MOTION AND WHO SECONDED IT? AND EVEN THOUGH IT'S ASIAN NAMES, TAKE A ROLL CALL. VOTE, PLEASE. OKAY. ROSENTHAL AND BRIAN ROSENTHAL. MOTION. BRIAN. SECONDED. OKAY, OKAY. AND HE WANTS A ROLL CALL. BLODGETT. YES. ROSENTHAL. YES. BLESOVSKY. YES. BRUNS. YES. WALMART. YES. WOOD. YES. MION. YES. DELANTY. YES. OKAY. SO YOU'RE GOING CAN I HAVE A MOTION TO REOPEN THE MEETING, PLEASE? SO MOVED. ALL RIGHT, MISS ROSENTHAL, ROSENTHAL AND A SECOND, PLEASE. SECOND MR. WALMART. THANK YOU. ALL IN FAVOR, SAY AYE. AYE. NOW, THE NEXT THING TO DO AFTER WE'VE DISCUSSED THE THE LITIGATION IS [VI.ADOPTION OF RESOLUTION ] TO ADOPT A RESOLUTION AUTHORIZING JONATHAN DRILL, ESQUIRE, TO DEFEND THE TOWNSHIP OF MONTGOMERY, JUSTIN LAUMANN, AND IN HIS OFFICIAL CAPACITY AS ZONING OFFICER AND THE TOWNSHIP OF MONTGOMERY. ZONING BOARD OF ADJUSTMENT FOR DOCKET NUMBER SOML110426. DO WE NEED TO READ THAT RESOLUTION IN OR. I DON'T HAVE A COPY OF THAT. I DON'T KNOW. ALL RIGHT. I'LL I'LL READ [00:05:14] THE THE RESOLUTION. MONTGOMERY TOWNSHIP ZONING BOARD OF ADJUSTMENT. THIS IS A RESOLUTION AUTHORIZING DEFENSE OF LITIGATION TITLED FERNANDEZ VERSUS THE TOWN OF TOWNSHIP MONTGOMERY. JUSTIN LAUMANN AND HIS OFFICIAL CAPACITY AS ZONING OFFICER AND THE TOWNSHIP OF MONTGOMERY ZONING BOARD OF ADJUSTMENT. WHEREAS LITIGATION HAS BEEN FILED. TITLED LLOYD FERNANDEZ VERSUS THE TOWNSHIP OF MONTGOMERY. JUSTIN LOHMAN AND HIS OFFICIAL CAPACITY AS TOWNSHIP ZONING TOWNSHIP ZONING OFFICER AND THE TOWNSHIP MONTGOMERY TOWNSHIP ZONING BOARD OF ADJUSTMENT, KNOWN AS THE LITIGATION. WHEREAS, THE MONTGOMERY TOWNSHIP ZONING BOARD OF ADJUSTMENT, THE BOARD WISHES TO AUTHORIZE JONATHAN E DRILL, ESQUIRE, AND HIS LAW FIRM, STICKL KOENIG SULLIVAN, AND DRILL AS KSD TO DEFEND THE BOARD IN THE LITIGATION, WHILE HE WILL ALSO BE REPRESENTING THE TOWNSHIP OF MONTGOMERY, THE TOWNSHIP AS WELL AS TOWNSHIP ZONING OFFICER AND HIS OFFICIAL CAPACITY AS ZONING OFFICER. THE ZONING OFFICER. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD, BY MOTION DULY MADE AND SECONDED ON AUGUST 27TH, 2026 AS FOLLOWS. THE BOARD AUTHORIZED JONATHAN E DRILL AND SKSD TO DEFEND THE BOARD IN LITIGATION WHILE ALSO REPRESENTING THE TOWNSHIP IN THE ZONING OFFICER. CAN I HAVE A MOTION TO ADOPT THIS RESOLUTION? SO MOVED. THANKS, MISTER. WALMART MISTER WOOD THANK YOU. AND THIS WILL BE A ROLL CALL, CORRECT? BLODGETT. YES. ROSENTHAL. YES. LOZOVSKY. YES. BRUNS. YES. WALMART. YES. WOOD. YES. MION. YES. YES. OKAY. OKAY. THE RESOLUTION ADOPTION CARRIES. DO YOU NEED ME TO SIGN THIS THEN? DO YOU WANT ME TO SIGN THIS ONE? YES. OKAY. AND. ALL RIGHT, ALL RIGHT. THE NEXT PORTION OF OUR AGENDA IS JUST THE FUTURE MEETINGS, WHICH IS SEPTEMBER 22ND, 2026 AT 7 P.M. SEPTEMBER 24TH, 2026 AT 7 P.M. AND THEN NOVEMBER 24TH, 2026. WE DON'T HAVE ANYTHING IN OCTOBER, SO WE MAY HAVE CASES IN SEPTEMBER, BUT I'M NOT SURE. THERE'S NOTHING THAT I'M AWARE OF AT THIS POINT. YEAH, BUT NOT THAT I'M AWARE OF. OKAY. AND I'D ALSO LIKE TO MENTION THAT SHERRY KRUSE, THE LONG YOU KNOW, EVERYBODY KNOWS SHERRY. BUT JUST FOR THE RECORD, SHERRY IS RETIRING AFTER A LONG TENURE OF SERVICE TO THE TOWNSHIP. 38 YEARS IN THE PLANNING BOARD. YEAH, SHE WAS HIRED IN 1987 AND HAS BEEN PROMOTED MANY TIMES AND, YOU KNOW, IS NOW SERVING AS THE PRIMARY, YOU KNOW, PLANNING COORDINATOR AND ASSISTANT PLANNING DIRECTOR. SHERRY IS AN INVALUABLE ASSET TO THE TOWNSHIP, AND SHE WILL BE INCREDIBLY MISSED. I KNOW THAT EVERY EACH ONE OF YOU HAS WORKED WITH HER AND SHE HELPS US, YOU KNOW, IMMENSELY IN THE TOWN. BUT CAN YOU IMAGINE, CAN YOU THINK ABOUT LIKE, THE CHANGES THIS TOWN HAS GONE THROUGH, YOU KNOW, SINCE 1987? SO SHE'S HAD HER HAND ON PRETTY MUCH EVERYTHING. SO LIKE, LIKE IT OR NOT, IF, IF, IF YOU LIKE THE TOWN AND THE WAY IT'S CHANGED. AND THAT'S NOT HER FAULT, BUT SHE'S MADE SURE THAT IT'S BEEN DONE RIGHT. AND, AND IT REALLY HAS BEEN IN, IN ALL THE CASES FROM MY, YOU KNOW, MY OPINION, WE. WE WERE LOSING A BIG ASSET. YOU KNOW, THESE THE PEOPLE THAT HOLD HOLD THE THE TOWN TOGETHER. FORTUNATELY, I THINK THAT WE'VE WE'VE STARTED, YOU KNOW, RECOGNIZING THAT SHE WAS GOING TO BE RETIRING FOR A LONG TIME AND, AND HAS TRAINED HER RELIEF. AND THERE'S A GOOD PLANNING DEPARTMENT STANDING BEHIND HER. BUT I, I WOULD ENCOURAGE EACH OF YOU TO REACH OUT TO HER INDIVIDUALLY IF YOU HAVEN'T AND AND CONGRATULATE HER ON HER WELL-DESERVED RETIREMENT. AND ALSO THE TOWNSHIP COMMITTEE WILL BE HOLDING A SPECIAL. RECOGNITION OF HER HER SERVICE. I BELIEVE IT WILL BE THE TOWNSHIP COMMITTEE MEETING ON SEPTEMBER 17TH. I'M SORRY. YEAH. SEPTEMBER 17TH. RIGHT. YEAH. SO [00:10:03] I I'LL BE THERE AND I ENCOURAGE YOU TO AS WELL. SO STAFF CONCURS WITH EVERYTHING THE CHAIR JUST SAID. OKAY. WE'LL DEFINITELY MISS HER. YEAH. FANTASTIC ASSET TO THE TOWNSHIP. AND SHE'S BEEN A FANTASTIC SUPERVISOR AS WELL. YEAH VERY MUCH APPRECIATED MY TIME WORKING WITH HER. CAN I HAVE A MOTION TO ADJOURN THE MEETING. SO MOVED. SECOND. THANK YOU, MISS WAZOWSKI. ALRIGHT, THE TIME IS * This transcript was compiled from uncorrected Closed Captioning.