MARGATE – The Board of Commissioners Aug. 7 addressed two lawsuits involving zoning and personnel.
The board approved hiring a professional consultant to serve as an expert witness at an upcoming trial involving the controversial Margate Gardens development project. It also held an executive session at the end of its regular meeting to privately discuss a tort claims notice involving charges of discrimination brought by a municipal employee.
The board awarded a professional services contact without public bidding to Colliers Engineering and Design of Egg Harbor Township to testify at the upcoming trial for the City of Margate v. Steven B. Baglivo. Colliers will be paid an amount not to exceed $16,000 from the city’s Engineer Operating Expenses line item in the municipal budget to show a Superior Court judge that the actions taken by the city and its employees comply with the state’s Municipal Land Use Law.
Baglivo is scheduled to appear in court on Sept. 15 in the case involving the developer building more residential units than the Planning Board approved when the Margate Gardens zoning application was held. Margate Zoning Officer Roger McLarnon brought the lawsuit in his capacity as the zoning officer, seeking reversal of improvements Baglivo made at his property without first obtaining city approval. McLarnon alleges that Baglivo was granted the ability to develop six residential units above commercial space, but without permission of the Planning Board converted them into 12 residential units.
Dorothy F. McCrosson of McCrosson and Stanton PC of Ocean City is representing the city in the case, and Baglivo is represented by Louis M. Barbone of Jacobs & Barbone PA of Atlantic City.
According to the complaint brought by McCrosson, Baglivo received Planning Board site plan approval to build the multi-use property with six residential units above ground-floor commercial space on Aug. 25, 2022. The city alleges that Baglivo actually built 12 units by subdividing the interiors of the units, which are currently occupied. The city wants Baglivo to restore the units to their original configuration and remove the extra tenants.
Additionally, the board held an executive session to advise commissioners about a potential lawsuit brought by Kelle Amodeo who works in the Human Resources Department. Amodeo’s attorney David R. Castellani of Castellani Law Firm LLC of Northfield filed a Tort Claims Notice on May 23, which serves as a notice to sue the city for harassment and retaliation that occurred most recently on March 13, the claim states. The City of Margate, Administrator Patrick Moran, Mayor Michael Collins and up to 100 John Doe employees are named in the notice.
The claim alleges Amodeo was subjected to a pervasive hostile work environment and retaliation because she supported and aided another female employee who filed a gender discrimination complaint.
Amodeo also alleges Mayor Michael Collins committed an ethics violation when he participated in a personnel decision regarding Amodeo. The claim notes that Collins should have recused himself from the matter because he is Amodeo’s brother-in-law.
Amodeo was also disparaged when she was passed over for a promotion in favor of hiring a male employee with less seniority and experience, the claim states.
“Kelle has also been subjected to retaliation for expressing her right to freedom of speech or matters of public concern,” Castellani notes.
The claim requests damages of $500,000.
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