Wind Turbine Settlement Agreement Approved
Council unanimously approves deal with Wayne Auto Spa owner after years-long legal battle.
The town council unanimously approved a settlement agreement between Wayne Auto Spa owner Rob Burke and the township at a meeting Wednesday night.
Town attorney Matthew Giacobbe would not discuss the terms of the agreement. He said that the presiding judge in the matter, Federal District Court Judge Joseph Dixon, ordered the matter and agreement sealed.
Burke applied to construct a turbine with 6-foot long blades on the Wayne Auto Spa property in 2007. The Planning Board denied the application in October 2008 citing a lack of expert testimony and safety and noise concerns. The matter dragged on in court for years.
The council voted 6-0 to approve the settlement. Councilwoman Nadine Bello and Councilmen Joseph Schweighardt and Al Sadowski did not attend the meeting.
Giacobbe, council President Joseph Scuralli, and the other council members would not comment on the matter.
Burke did not return a message seeking comment late Wednesday night.
As part of the agreement, the turbine will not have blades on it. Instead, a bladeless version, which is designed to be much quieter than one with blades, will be installed. The device was originally supposed to be 50 feet tall. It will be shorter than that.
State Superior Court Judge Donald Volkert overturned the denial in July 2010. Volkert stated in his decision that the board improperly denied the application. The Board approved the application in December as part of the settlement agreement.
The parties in the case were scheduled to discuss the terms of the agreement earlier this year, but were unable to discuss the matter in a pre-agreed time frame.
Burke was also looking to recoup between $250,000 and $300,000 in legal fees he claims he is owed.
Burke said in August of 2011 that he was “confident that I’ll get back every penny of what I am owed.”
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stewart resmer
1:24 am on Thursday, July 19, 2012
why do I get the impression that Mr Burke did in fact get all the money he was asking for,?
Al Scala
5:53 am on Thursday, July 19, 2012
Congratulations Rob! A well deserved victory. I want to thank our town council members and are town attorney for wasting taxpayer's money to the tune of $250 -300 thousand dollars.
Scondo
7:38 am on Thursday, July 19, 2012
I hope the PTB take the opportunity to review what led us into this quagmire. It is clear that the composition of the boards dealing with land use and environmental advices should be changed. Try to remove the political element and stick to land use law. As a taxpayer, Mr. Burke deserved better.
Rob Burke
7:58 am on Thursday, July 19, 2012
What's the PTB?
Albert
7:58 am on Thursday, July 19, 2012
Mr Burke, Good for you. It certainly took long enough for them to do the right thing, although they were forced to since their ego's prevented them from doing the right thing from the start.
Rob Burke
6:37 pm on Thursday, July 19, 2012
Sorry I missed to comment - thanks for your kind words, al. I appreciate it.
Al Scala
8:03 am on Thursday, July 19, 2012
Scondo....You are correct! Rob Burke did deserve better. You're also forgetting that we taxpayers deserve better! Why is our hard earned money being frivoulously wasted on law suits? This matter was politically motivated. Egos got involved here as well! I would gladly sue this incompetent council and have them put their D & O carrier on notice.Only problem is , is that the Inter-Governmental Insurance Fund that pays these settlements is taxpayer funded. We're paying for it ALL WAYS! This Council could care less. They are going to satisfy their own egos and their own political agenda. They could care less about you and I. The sooner you understand it and start thinking about creating change, the better off we may all be. We need some drastic changes in November of 2013! CREATE THE CHANGE!
Victor Alfieri
8:28 am on Thursday, July 19, 2012
Congratulations Rob! I'm sure by now it's bitter sweet. But enjoy, you
deserve it. Your drive and determination is an inspiration. Another great
win for health and sustainability.
You have opened many eyes to the issues we are now facing with our local
politicians. We all deserve better. Maybe now Wayne residents can start
focusing on the real problem and it's not chickens and windmills.
Rob Burke
8:31 am on Thursday, July 19, 2012
Thanks for your kind words, victor. I was surprised that the council announced their voting results publicly, since the entire matter is sealed. I look forward to finding out what they voted on.
Scondo
9:33 am on Thursday, July 19, 2012
Rob, PTB is the Powers That Be as in the council and the boards . It was not some acronym involving your the initial of your last name--- and in truth, you thought I was needling you.--didn't you ? Good luck going forward, and I really do think it is time to reconstitute the boards, as this demonstrated real problems in the make up and conduct.
Rob Burke
10:10 am on Thursday, July 19, 2012
There you go again, ascribing a state of mind to me that doesn't exist. You still haven't stopped by Sandy's place or my place to have a look at my Victory Garden. So far, I've been visited by Councilwoman Miller Ryan and her children; Mayor Vergano; Emvironmental Commissionner Rich Stomber; Business Administrator Neal Bellet and the Wayne Health Department Official whose name I forgot (sorry, no offense intended).
I have extended invitations to every other Town Council Member and the Town Clerk. I never got a reply to those invitations. They are still more than welcome to stop by. As are you, Scondo.
So far, I have made one donation to the Wayne Interfaith Food Pantry, headed by Rev. Karyn Ratcliffe. The money comes from donations I receive from folks who take our produce and our eggs. People continue to be generous -- we are about to make another donation.
Al Scala
1:30 pm on Thursday, July 19, 2012
Scondo...it's the PTB, powers to be that caused the problem. Why would they check into themselves? Bottom line......these people need to go! Remember Scondo....Create the Change!
eyes wide shut
9:39 am on Thursday, July 19, 2012
Congrats. "If one ever thinks they are to small to be successful, try spending the night in bed with a mosquito"...Well done..
Rob Burke
10:11 am on Thursday, July 19, 2012
Um, I hope I'm not a mosquito now! Just a guy who wants to help the planet and do some good in the world. There has to be some meaning in one's life...
Debbie
9:55 am on Thursday, July 19, 2012
Congrats Bob, I work for a engineering firm and I see this issue with wind turbines an solar panels all the time, what a shame. This is best for the environment and for the tax payers. Unfortunately township board members, as stated above, put their egos and politics ahead of everything and in the long run end up costing taxpayers money.
Rob Burke
10:12 am on Thursday, July 19, 2012
Let's see where things go. And if we can make a difference for future generations. Its not easy.
Cathy Kazan
10:17 am on Thursday, July 19, 2012
Finally!!! Since the decision is sealed, I'm not sure you received all the justice you deserved, but I certainly hope so. It's been a long battle. Can't wait to hear all the details of the project. Will there be information for the public at your business, like the coop and garden? That would be great.
Rob Burke
10:47 am on Thursday, July 19, 2012
Not so fast Cathy. Let's not count our chickens before they hatch! But thanks for the kind words.
Victor Alfieri
10:59 am on Thursday, July 19, 2012
Cathy....Let's get you set up with some hens.
Call me I would be happy to help. This is the best time of the year to get started.
stewart resmer
10:28 am on Thursday, July 19, 2012
yes Debbie it defies logic that during a time when fuel and energy concerns are at a new level we find that a small town's equivelent of the flat earth society would ever go to such extremes to stand in the way of green energy and cost Mr Burke and ultimately the tax payers so much money!
But wait! There's more! Mr Alfieri's zonning matter, and the Science School decisions have been overturned by the courts as well?
There is something very wrong going on here with this council under Mr Scullari's leadership where this treasure is being squandered and these bad decisions are the rule and not the exception where they all should have known better.
Rob Burke
10:48 am on Thursday, July 19, 2012
I heard that the Town Attorney continues to hold the position that the ruling in favor of Mr. Alfieri was incorrect. Will the Town appeal????
Victor Alfieri
11:02 am on Thursday, July 19, 2012
Appeal........It would not surprise me.
BRING IT ON!
Rob Burke
11:08 am on Thursday, July 19, 2012
I'm getting goats...
Victor Alfieri
11:20 am on Thursday, July 19, 2012
I'm getting ducks...
Rob Burke
2:11 pm on Thursday, July 19, 2012
And for Marx Brothers fans: Why a duck? Why not a horse or a chicken?
NAME WITHELD
10:47 am on Thursday, July 19, 2012
Congrats! Love the wind idea and am appauled our town took such lengths and costs to stop it. Side note, this should not be lumped in with the chickens - different concerns. Wind power - yes, he has the room and location for such an endeavor. Chickens - no, or other animals beyond a pet dog or cat, ect... they do not belong in such a populated area with such small lots...would feel the same in a city or other 50,000+ suburb.
Rob Burke
2:06 pm on Thursday, July 19, 2012
Thanks for your kind words. Not sure what went on behind closed doors last night. Time will tell.
Scondo
10:56 am on Thursday, July 19, 2012
Rob, I actually did stop by and did see the garden and the chickens on the Saturday of the grand opening, you were busy with others and I did not want to interfere with your conversation. It was very nice and I do wish you well going forward and I do believe that you should not have been subjected to it.
Rob Burke
2:05 pm on Thursday, July 19, 2012
weird -- you said at the time you couldn't come b/c you had elderly parents to care for...thanks for the well wishes.
Sandy Fantau
11:30 am on Thursday, July 19, 2012
Congrats Rob on your long fight to be able to put up your windmill (turbine). I hope everything moves forward fast and the people of Wayne get to see what you are really trying to do for the environment. Maybe windmills will again become a part of the landscape that was lost over the years. Congrats again.
Rob Burke
2:07 pm on Thursday, July 19, 2012
Thanks again for all your support Sandy. We need to talk some more about the fundraising from the Victory Garden. I'd like to identify a few more worthy local organizations to help.
Nose Wayne
11:33 am on Thursday, July 19, 2012
That AH should be FIRED if he appeals Victors ruling. Congratulations Rob!!!! NOSE the chickens were ROOSTING for you all the time. Rob, hope they stick to their word and do the right thing. Sad that you and the town had to spend all this money when EVERYTHING today is about going GREEN!!!!!!!! With that being said the score has now changed. WAYNE TOWNSHIP-0 RESIDENT/BUSINESS-2 Probabily will go into extra innings so stay tuned.
Rob Burke
2:08 pm on Thursday, July 19, 2012
An appeal of Victor's Victory would be awesome. Then, some higher up judges could offer their more useful evaluation. I'd welcome it.
Justice
12:00 pm on Thursday, July 19, 2012
Rob, Congratulations. I am really happy for your Victory. It was long and hard fought. I can't wait to see that turbine. Very Well Done, Sir
Rob Burke
2:09 pm on Thursday, July 19, 2012
Thanks, Justice. I still urge you to start using your name when you post. Regardless, I too hope this is really over.
Jeffry Kostic
12:40 pm on Thursday, July 19, 2012
Rob -- Congratulations and thank you. It was your efforts that brought to light the issues that empowered people like Victor and others to challenge the bullies that make up our local government. Let's hope that people continue to question, challenge, and speak up where they see the appearance of impropriety or unfairness (the school on Totowa Road will probably be the next expensive windmill that our council will chase.)
Regarding appeal of the chicken ruling, my lawyer days have long since past, but I believe that in order to file an appeal of a Municipal Court decision, the Notice of Appeal must be filed within 20 days of the decision??
Victor - hens are doing great - laying every day - NO SMELL, NO NOISE. Still looking for a third hen without having to drive back up to the middle of nowhere. Thanks to you as well for all your help getting me set up.
Rob Burke
2:04 pm on Thursday, July 19, 2012
hey jeff -- thanks for your kind words. the congratulations are premature though. stay tuned.
Chicken Little
4:59 pm on Thursday, July 19, 2012
@Jeffry Kostic
Now there's an idea to make some money...Someone needs to get a rooster and hire him out to stud. (LOL!!!!!!)
Jeffry Kostic
3:23 pm on Thursday, July 19, 2012
Rob - win or lose you've broken the cycle of government actions not being questioned or challenged that has plagued this town for decades. That in and of itself is a victory. Your "stay tuned" comment has me intrigued -- can't wait for the next chapter....
Rob Burke
3:41 pm on Thursday, July 19, 2012
I just returned from Israel with my family. Now, I'm up in the Adirondacks, where I spend the summer (except for the 2 days/week I am at the car wash). Tomorrow, we paddle a section of the Raquette River (with fishing rods) -- about a 12 hour day in the wilderness.
I appreciate your comments and those of everyone else -- but at this point, I'm really trying to live my life and to contribute what I can to make the world a better place. Both Israel and the 'Daks are inspirational for me in very different ways. These are both places, populated by people, who care deeply about the land for which they are stewards and protectors. These people inspire me. They commit their lives to public service in the true sense -- they dedicate themselves to helping others, without any expectation of anything in return. Some helped to run a place that provides stimulation to old people who show up every day to 'work' -- they make crafts that they sell, and get a hot lunch every day. Others helped run a hospital populated by kids with extreme disabilities -- both acquired and from birth. All we did was show up with a suitcase filled with toys that we brought from the U.S. It seemed inadequate.
Why the ramble? Well, the objective for me is to figure out how to make my time on this planet meaningful. Litigation is a distraction from the greater good objective.
What can we do if we band together? Who wants to meet for a few beers next Tuesday night at Tiffs on 23 at 7 pm?
Chicken Little
4:51 pm on Thursday, July 19, 2012
@Rob
Congratulations to you and your cause.
But do you think it is a good idea to let the world know you are not at home, in light of the recent history of break ins around Wayne?
Rob Burke
5:25 pm on Thursday, July 19, 2012
Thanks. Not concerned about home - its still occupied in my absence.
Albert Jablonski
5:54 pm on Thursday, July 19, 2012
Al Jablonski
Congratulations to you. We need to get more independent with making our own energy and growing our own food supplies. Are your chickens free range and do you sell the eggs and produce to the public? Would be interested i buying some.
Rob Burke
6:33 pm on Thursday, July 19, 2012
Hi Al. I give my eggs away for free. I do encourage donations though. I give all the donated money to local charities. I already donated $210 to the local food pantry. I am about to make another donation, around $150. I don't know the definition of free range, but my hens have a lot of room in their coop and their run and they only eat organic feed. Their eggs are delicious and have much higher nutritional value than what you get in a supermarket. And you certainly can't get fresher. Stop by, help yourself - and if you are so inclined, please make a donation.
Rob Burke
6:35 pm on Thursday, July 19, 2012
We also put out produce same as the eggs. Been harvesting tons of celery, eggplant, basil, thyme, scallions, peppers and sage lately. And I am pickling a whole mess of cucumbers - yum.
Victor Alfieri
9:22 pm on Thursday, July 19, 2012
Free range is more open field, but, I will tell you Rob, what you have is happy,healthy hens. As soon as you remove the hen from the confinement of a large manufacturer an amazing thing happens. You enable them to peck for bugs, bask in the sun and have natural lives like a chicken should live. The eggs become healthier.
Eggs from backyard chickens contain:
1/3 less cholesterol
1/4 less saturated fat
2/3 more vitamin A
2 times more omega - 3 fatty acids
3 times more vitamin E
7 times more beta carotene
The most important thing is the beta carotene. That is the robust flavor of the dark orange yolk. Absolutely delicious!
Albert Jablonski
9:31 pm on Thursday, July 19, 2012
Rob
Where do I stop by for the eggs?
Albert Jablonski
9:37 pm on Thursday, July 19, 2012
Rob
Where would I stop by to pick up eggs and veggies?
Rob Burke
6:26 am on Friday, July 20, 2012
Al, we keep everything in our store at my business, Wayne Auto Spa, 2122 hamburg Tpk at black oak ridge rd. ask the cashier, me or the manager.
Nose Wayne
9:38 pm on Thursday, July 19, 2012
Rob, State Fair in Sussex County has chickens there. Check online to see if they sell them. Fair starts first week of August, GOOD LUCK !!!! Tillie is ROOSTING for ya !!
Rob Burke
6:45 am on Friday, July 20, 2012
T shirt design contest - winner gets a free shirt. The graphic on the shirt will have an image of our hens and garden, and the shirt must say Wayne auto spa. Here's the contest - provide an answer to be printed on the shirt, to the question 'why did the chicken cross the road?'. I have a few ideas myself but woul enjoy seeing other people's thoughts. Probably more creative than mine. Feel free to post your answers or email them to me.
Rob Burke
7:09 am on Friday, July 20, 2012
NW-I have 16 hens already and they are producing well over a dozen eggs a day. Don't really think I need more hens right now. Goats, on the other hand, would be a neat idea. Milk the goats and make goat cheese. I gotta figure out how much of a hassle it would be to make goat cheese before I move forward with this.
Victor Alfieri
2:07 pm on Friday, July 20, 2012
Updated Pictures As Of Today......Enter T-Shirt Contest
http://www.woodlotfarms.com/Wayne_Auto_Spa.html
Victor Alfieri
10:17 pm on Thursday, July 19, 2012
Nice job Nose! I will be there. 3 years ago, that damn fair got me started in this whole chicken thing in the first place! There will be over 100 different chicken breeds to choose from. Lots of fun and a great day trip for the family.
http://www.newjerseystatefair.org/html/fair.cfm
Nose Wayne
11:28 pm on Thursday, July 19, 2012
Hope to see you there !! Let me NOSE what day your going. Been going there for years. Best Fair around. I didn't have chickens, but back in the day my friend had a whole coop full that used to wander up and down Preakness Avenue and NOSEbody ever called or complained about them. Just glad you and the chickens can rest easily that all this nonsence is over.Be in touch and let me NOSE about the Fair.
Victor Alfieri
9:45 am on Friday, July 20, 2012
Nose....shoot me an e-mail so I nose how to contact you for the fair.
http://www.woodlotfarms.com/
Nose Wayne
9:41 am on Friday, July 20, 2012
Rob, see if you can make it one day to the fair. They have all kinds of animals including goats. People are very kind and will give you all the information you need. GOOD LUCK !!! If you do get one how about naming it " WINDY "
Rob Burke
8:43 am on Saturday, July 21, 2012
Forget the goats. After only a few minutes of reading, they are too much work just to make cheese. A fish farm, on the other hand, appears to be viable.
Nose Wayne
10:08 am on Friday, July 20, 2012
Thanks Victor, I will.
Sandy Fantau
10:26 am on Friday, July 20, 2012
Why did the chicken cross the road? To get to the best car wash in TOWN.
Resident Kelly
1:07 pm on Friday, July 20, 2012
Congratulations Mr. Burke! This is a huge step forward in the Health & Sustainability Movement. I hope this is a sign that the town is finally embracing the movement instead of trying to defeat it. Great job!
Rob Burke
6:51 pm on Friday, July 20, 2012
Thanks, Kelly. I hope you can make it to Tiffs on Tuesday night at 7. The topic, I think, is - how can we do more/better?
WayneShopper.com
1:15 pm on Friday, July 20, 2012
T-shirt IDEAS For Us:
Why did the chicken cross the road?
TO GET A BETTER DEAL
T-shirt IDEAS For YOU:
Why did the chicken cross the road?
BECAUSE THE GRASS WAS GREENER (Get it?) :-)
Your place looks great by the way and kids love it!
Victor Alfieri
2:06 pm on Friday, July 20, 2012
Updated Pictures As Of Today......Enter T-Shirt Contest
http://www.woodlotfarms.com/Wayne_Auto_Spa.html
Rob Burke
8:44 am on Saturday, July 21, 2012
Thanks for your post!
Justice
1:35 pm on Friday, July 20, 2012
Can't wait for the feta from the goat. Goat's are naturals for keeping lawns trimmed. Beats the gas for the lawn mowers.
Sandy Fantau
1:39 pm on Friday, July 20, 2012
Why did the chicken cross the road? Because, the Zoning Officer was coming down the street.
Rob Burke
5:17 pm on Friday, July 20, 2012
That's hysterical. You are officially in the lead....
Victor Alfieri
2:06 pm on Friday, July 20, 2012
Updated Pictures As Of Today......Enter T-Shirt Contest
http://www.woodlotfarms.com/Wayne_Auto_Spa.html
stewart resmer
10:23 am on Friday, February 15, 2013
Secret donors funded media campaign against wind farms
http://www.rawstory.com/rs/2013/02/15/secret-donors-funded-media-campaign-against-wind-farms/
The Franklin Centre purports to be a hub for a network of “citizen journalists” and “watchdog” groups reporting from state capitals. It claims on its website to provide 10% of all daily reporting from state capitals across the country. It says it is on a mission to uphold a media culture of “transparency, accountability, and fiscal responsibility at the grassroots level”.
But the Pew Research Centre’s Project for Excellence in Journalism has ranked Franklin’s watchdog.org affiliates as “highly ideological”. Many of the media organisations listed on Franklin’s website as affiliates are ultra-conservative groups.
Another Franklin affiliate, the New Jersey Watchdog, pushed for the state to drop out of a regional emissions cutting programme.
Jack Q
11:23 am on Friday, February 15, 2013
Ted Kennedy Wants Windmills Killed.
http://archive.newsmax.com/archives/ic/2006/2/27/113830.shtml
Glad he was so concerned about the environment. Typical liberal double standard. Not in my backyard. Glad they were put in after he died.
stewart resmer
11:32 am on Friday, February 15, 2013
Do secret groups ever pay back the taxpayers when towns lose civil suits like this one? What is it with Wayne township that forces individuals to go to court only to lose?
stewart resmer
11:51 am on Friday, February 15, 2013
"The wind farm is a boondoggle with more public money going into it than private and at sea to save the money it would have to pay on land. Wind-wise, it doesn't even make sense in the location they want for it. It won't benefit any of the homeowners on the Cape and Island. It will be a constant environmental risk for the Nantucket Sound."
Once again jack-O leaves out the facts according to data it will double electric rates. This is after over $70,000,000 a year in federal and state subsidies.
Read more: http://newsbusters.org/blogs/tom-blumer/2009/08/30/boston-globe-now-teds-out-way-hurry-cape-cod-wind-farm#ixzz2KzELigu7
Jack Q
12:24 pm on Friday, February 15, 2013
But it was approved by this administration! Can't blame Bush for this one. All on Obama's shoulders. Didn't they do the math Stew? Kind of like all the other green energy jobs and companies. Once bankrupt, the loans are set up to pay off private investors rather than the gov't. But of course, the investors are dem donors. Did you leave out that fact?
stewart resmer
12:43 pm on Friday, February 15, 2013
Jack-O you argue Kennedy was opposed, now you argue because the project is moving forward, after review of all your comments all you seem to do is argue?
In case you were wondering? Romney opposed the project too.
One thing is for sure the Secret Donors dont pay for law suits likee this one when Wayne loses in court, the taxpayers do. Argue that?
Jack Q
1:36 pm on Friday, February 15, 2013
Can't argue that. That is true. You seem to ignore the fact that the taxpayers also pay for all the failed "green" companies that the government bankrolled and payed the private investors off after bankruptcy? And the taxpayers also pay for the government funded green jobs that are sent over seas? You can't argue that can you, or is that Bush's fault. My point in the previous post is that the Kennedy's are all for green energy as long as it didn't affect their view. I don't care if Romney was against it as well. Why was it so bad then and it's ok now? And no, I am not against alternative forms of energy. I think they are necessary, but need to be researched and developed and not just have billions of dollars at them.
stewart resmer
1:49 pm on Friday, February 15, 2013
jack-o now you argue with yourself?
Relax, take yer meds, move away from the key board, lay down, hydrate, eat something, maybe sugarless?
What you are suffering from is a form of Romnesia, a pre exisiting condition. The Good news?
OBAMACARE covers that, make an appointment with an analyst first then get a psychologist, but remember?
You have to want to change in order to get better? So dont waste tax payer money when there are so many other RWNJ's in denial and desperate need of counseling?
Jack Q
2:33 pm on Friday, February 15, 2013
Just arguing with someone who thinks they are not partisan. You think that the mighty O have free reign to spend our money, but the Republican Governor doesn't nor does the Republican Council. You think that when the Council sticks the taxpayers with the bill its horrendous. But when the Prez does the same thing, silence.
stewart resmer
3:03 pm on Friday, February 15, 2013
Jack-O? Symptoms of Schizophrenia characterized by profound disruption frequently includes psychotic manifestations, such as assigning unusual significance or meaning to normal events or holding fixed false personal beliefs (delusions).
Now Jack, this was about the township and SECRET DONORS who set about to derail wind power, but you seem to have a strong need to express yourself in oblique terms rather than the subject as it applies locally as you range far and wide?
Please, consider availing yourself of OBAMACARE and sort things out for yourself?