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Board approves resolution and votes to meet in closed session over pending litigation
Summary
The board approved a resolution related to a pavilion variance by recorded assent and voted to enter closed session to discuss pending litigation identified in the meeting record; the litigation reference and statute were read into the minutes.
During the opening portion of the meeting the board moved and approved a resolution memorializing approvals related to a pavilion variance. A roll‑call style assent was recorded with six members (Madia, Jones, Scavafava, DeBean, Kramer and Zarian) answering in the affirmative; the Chair noted the board required five votes and declared the resolution approved.
Shortly afterward the Chair cited the Open Public Meetings Act and moved that the public be excluded for a closed session to discuss pending litigation. The Chair read the basis for exclusion into the record, referencing "NJSA ten‑twelve" and identifying the case in the transcript as "TE Holdings v. Baron Council of Bridal Volta Pan at Als, docket number L4189‑23." The motion to go into closed session passed by voice vote.
The board did not discuss the substance of the litigation in the public portion; the Chair stated the discussion would be made public when it no longer would adversely affect the borough’s interest.
