In 2006 he was fired after twelve years of serving as Borough Solicitor in Audubon Park.
In 2006 the Borough of Audubon Park, led by Solicitor John Kearney entered into an agreement to rent the old Audubon Park School. The school had been closed due to low enrollment and children in Audubon Park now attend school in the Audubon School District.
The School was eventually leased in part to Tippy Toes Day Care. Throughout discussions the Borough council had asked many questions and concerns. It appears from the minutes that good old John “Whips and Chains” Kearney pushed this process even saying to council he would go above their heads by stating “I will poll council.” In July of 2006 the Borough agreed to lease part of the school to Tippy Toes on a 4-1 vote with then Councilman Larry Pennock casting the only no vote.
Pennock is now the mayor of Audubon Park, becoming mayor in January of 2007. Pennock and other borough officials found out that Kearney was also the lawyer for Tippy Toes. Was this a conflict of interest? Was this legal? Is Kearney doing similar deals in Gloucester City without our elected officials knowing? What about Pine Hill and Somerdale?
When Mayor Pennock became Mayor in 2007 the Borough did not re-appoint Kearney who had served as Borough Solicitor for 12 years. In addition Kearney refused to respond to requests from the new Borough Attorney Stuart Platt for Borough records.
June 5, 2006
The regular monthly meeting of the Mayor and Council of the Borough of Audubon Park was called to order by the Mayor-Donald M. Pennock at 7:00 p.m. in the Community Hall, with the Salute to the Flag.
Roll Call: Beeman present
Everman present (arrived 7:06 pm)
Kerfoot present
Lewis present
Passon present
Pennock present
Mr. Kearney: was present.
Communications:
6/2/06 John Kearney sent copy of lease agreement for Tippy Toes Day Care to lease the school for the next 5 years with an extension of 5 years. Cost will be determined by the amount of children enrolled.
School Lease:
Mr. Kearney: asked that we approve the lease to Tippy Toes for five year with a five-year renewal. Rent would be based on enrollment. She would use all of the rooms and would like to get in there for start up in September.
She would like to have the parking lot stripped.
Mr. Kerfoot: stated Community Development could do that.
Mr. Pennock: stated he did not think $3,000.00 per month was enough.
Mr. Kerfoot: stated it looks like she will have 100 kids to start. That is more then $3,000.00 per month.
Mr. Passon: stated the utility bills are out of sight. We are having them check but what if the figures are correct?
Mr. Kearney: I would like an answer by next week. I will poll Council.
Mr. Beeman: I think we should have a meeting; we just go the contract and have to review it.
There will not be a scheduled meeting in July. A special meeting will be called if the budget is approved by Trenton.
Clerk will advise.
Motion made by Mr. Kerfoot to hold a special meeting June 13, 2006 at 6:00 p.m. to discuss the lease agreement, seconded by Mr. Passon. Council approved.
Motion made by Mr. Beeman that this meeting be adjourned, seconded by Mrs. Lewis.
Council approved.
Time: 8:45 p.m.
June 13, 2006
A Special meeting of the Mayor and Council of the Borough of Audubon Park, was called to order by the Mayor, Donald M. Pennock at 6:00 p.m. in the Community Hall with the Salute to the Flag.
Roll Call: Beeman absent
Everman present
Kerfoot present
Lewis present (arrived 6:15 p.m.)
Passon present
Pennock present
Mr. Kearney: was present.
Purpose of Meeting: Discussion of school lease.
Mr. Kearney: that Tippy Toes Day Care would like to take the school as of July 1st. Start school September 1st with about 110 children.
Mr. Kerfoot: asked where the lady was?
Mayor Pennock: stated that this should only be a day care, no evening classes. No hours after 6:00 p.m.
Mr. Pennock: discussed wording of “unreasonably withheld” for not resigning lease.
Mr. Kearney: changed the wording.
Mr. Kearney: stated that the State keeps all records for day care centers.
Mr. Passon: asked about deposit increase? It should read to the satisfaction of the landlord.
He also asked when does soccer start?
Mr. Pennock: stated August 1st. I told the soccer league they have to work details out with the day care. He also questioned the five-year renewal? What about insurance?
Mr. Kearney: July 1st insurance inside will be her problem. Her time will begin July 1st with opening September 1st.
There are risk and rewards when signing a lease.
Mr. Kerfoot: asked if all the students were full time?
Mr. Kearney: stated he thought so.
Let me say this, I called everyone on this building and no one was interested.
Motion made by Mr. Passon to accept the lease for Tippy Toes, for five years, seconded by Mrs. Lewis. Council approved by R.C. Vote. 4 yes. 1 no Pennock
Motion made by Mr. Passon that this meeting be adjourned, seconded by Mr. Kerfoot.
Council approved.
Time: 6:40 p.m.
October 2, 2006
The regular monthly meeting of the Mayor and Council of the Borough of Audubon Park was called to order by the Mayor, Donald M. Pennock at 7:00 p.m. in the Community Hall, with the Salute to the Flag.
Roll Call: Beeman present
Everman absent (working)
Kerfoot absent (sick)
Lewis present
Passon present
Pennock present
Mr. Kearney: was present.
Reports:
Tippie Toes is up to date on payments as of 9/30/06.
Memo from J B Kearney he has an additional tenant interested in the school they have children ages 3-5 and would pay $1,375.00 per month. Same 5-year lease.
Old Business:
Tippie Toes called and stated the Fire Marshal indicated the doors inside the building must have panic bars on both sides.
Motion made by Mr. Pennock that the clerk make whatever arrangements have to be made for the doors, seconded by Mr. Passon. Council approved b R.C. Vote. 4 yes.
Mr. Passon: questioned the Bronze Plaque that was in the school hallway. Does anyone know what happened to it?
I also have the Architects name that did the school.
New Business:
Mr. Kearney: stated Tippie Toes would like a reduction in rental, because she will be sharing the school. The cost should be per student.
Mr. Pennock: stated if we give a reduction it should be the second or third year of the contract.
What is the age limit for this day care?
Mr. Kearney: stated 13 years of age.
Motion made by Mr. Pennock to approve the contract with YUC for the same time period as Tippie Toes, seconded by Mr. Passon. Council approved.
Motion made b Mr. Passon that this meeting be adjourned, seconded by Mr. Pennock.
Council approved.
Time: 7:50 p.m.
November 6, 2006
The regular monthly meeting of the Mayor and Council of the Borough of Audubon Park was called to order by the President of Council, Frederick Passon, at 7:00 p.m. with the Salute to the Flag.
Roll Call: Beeman………….present
Everman…………present
Kerfoot…………..present
Lewis…………….present
Passon…………...present
Pennock…………present
Mr. Kearney: was present.
Reports:
Clerk: stated we are having major problems with the Tippie Toes opening.
Mr. Kearney: stated with the new rules regarding day care, it has been a nightmare. The State is now setting limits on how many children, and what we can and cannot do.
Motion made by Mr. Pennock that this meeting be adjourned, seconded by Mr. Beeman.
Council approved.
Time: 8:10 p.m.
January 9, 2007
A Special meeting of the Mayor and Council was called to order by the Mayor, Lawrence E. Pennock at 7:00 p.m. in the Community Hall.
Roll Call: Beeman present
Fisher present
Hook present
Lewis present
Passon present
Romano present
Mr. Platt: was present.
Purpose of meeting: Tippie Toes Lease.
Ms. Rosetta Brown attended this meeting.
Mayor Pennock: stated that Tippie Toes has only made one payment owe three months rent.
Ms. Brown: I could not get a CO for the school. Your inspectors kept turning me down.
I was supposed to open in September and now I might open in February.
I have lost so many children, I don’t know if I will get them back.
A long discussion was held on what adjustment could be made to get this ironed out.
Ms. Brown: left meeting.
Mr. Beeman: asked how we would know how many children attend the school monthly as payment will be based on that?
Also, how was John Kearny permitted to represent the Borough and Tippie Toes?
Mr. Platt: stated the State will give us a head count, we can make adjustments to the billing.
Mr. Passon: it is not her fault she is not open, the inspectors held this up.
Mr. Platt: she still owes the money.
Mayor Pennock: make arrangements to catch up, regardless of number of kids.
Clerk: will call Ms. Brown about catch up method and Mr. Platt will write letter confirming payment arrangements.
NOTE: She would pay an additional $1,000.00 per month and if she defaults 3 times we go to Court to evict.
Mr. Passon: asked about trying to get the month Kids Kampus owes the Borough.
Back rent and over $13,000.00 in electric bills.
Mr. Platt: will look into this.
Motion made by Mr. Beeman that this meeting be adjourned, seconded by Mr. Fisher.
Council approved.
Time: 8:10 p.m.
Communications
1/15/07 Marrazzo & Platt, PC sent letter to Tippie Toes-Re: rent arrears and making the necessary arrangements for payment. The Mayor and Council agreed to nine months of payments to catch up.
1/15/07 Marrazzo & Platt sent letter to John Kearney requesting all records in reference to Kids Kampus. To date no reply.